Commonwealth v. McGarry

OPINION BY

DUBOW, J.:

Appellant, Robert Michael MeGarry, appeals from the September 26, 2016 Order1 entered in the Erie County Court of Common Pleas dismissing his first Petition filed under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. After careful review, we vacate the portion of the Order that denied relief on the issue of whether trial counsel was ineffective for failing to file a direct appeal and remand for a hearing solely on this issue. We affirm the remaining portion of the Order.

In the fall of "2014, Appellant was arrested for two drunk-driving incidents and…