Commonwealth v. Davis

HOFFMAN, Judge:

This is an appeal from an order below denying appellant’s petition for relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. Appellant contends *41that the lower court erred in denying his petition without a hearing and without the appointment of counsel. The Commonwealth concedes that the case should be remanded for a hearing on whether appellant is entitled to counsel. For the reasons that follow, we reverse the order below and remand for proceedings consistent with this opinion.

After a trial by jury, on September 8, 1986, appellant, who proceeded pro…