Commonwealth v. CEO

BOWES, J.,

Dissenting.:

¶ 1 As I believe that the majority’s disposition in this case is inconsistent with our Supreme Court’s pronouncements in Commonwealth v. Lantzy, 558 Pa. 214, 736 A.2d 564 (1999), Commonwealth v. Hall, 565 Pa. 92, 771 A.2d 1232 (2001), and Commonwealth v. Eller, 569 Pa. 622, 807 A.2d 838 (2002), as well as our recent panel decision in Commonwealth v. Fairiror, 2002 PA Super 290, 809 A.2d 396, I must respectfully dissent.

¶ 2 The facts of this case undoubtedly are egregious. Appellant’s counsel falsely told him that a direct appeal had been filed. Subsequently, Appellant’s…