Commonwealth v. Keys

KELLY, Judge:

In this case, we hold that when counsel of record fails to formally and properly withdraw as counsel after sentence but before the expiration of the time for filing of notice of appeal, yet counsel nonetheless ceases active representation, then quashal of an appeal as the result of a defect in a pro se notice of appeal will be deemed the procedural default of counsel of record. Such was the case here; consequently, we grant appellant the right to appeal nunc pro tunc.

The relevant facts and procedural history may be summarized as follows. Appellant was charged, tried and convicted…