Commonwealth v. Davis

OPINION BY

BENDER, P.J.

Appellant, Clarence R. Davis, appeals pro se from the trial court’s September 21, 2012 order denying as untimely his second petition for relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. After careful review, we conclude that Appellant’s petition satisfies an exception to the one-year time requirement of the PCRA. Therefore, we vacate the court’s order denying Appellant’s petition and remand for an evidentiary hearing.

On September 10, 1970, Appellant and three other individuals robbed the Polka Dot Bar in Philadelphia. Appellant was armed with…