Commonwealth v. Diaz

OPINION BY

TODD, J.:

¶ 1 Pedro Larrazabal Diaz appeals nunc pro tunc the order entered October 18, 2006 by the Court of Common Pleas of Allegheny County denying, without an evi-dentiary hearing, his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”). 1 For the following reasons, we vacate and remand for an evidentiary hearing.

¶2 The relevant facts and procedural history of this matter, which originates from two separate criminal incidents, are as follows. At docket No. CC 200018094, Appellant was charged with possession, possession with intent to deliver, and delivery of a…