Commonwealth v. Ramos

OPINION BY

COLVILLE, J.:

This is a pro se appeal from the order dismissing Appellant’s pro se petition filed pursuant to the Post Conviction Relief Act (“PCRA”). We vacate and remand.

Appellant’s PCRA petition is based on a conviction for which he was sentenced on June 17,1987, to a one-year term of probation. The instant PCRA petition, filed on September 4, 2009, is Appellant’s first. Citing 42 Pa.C.S.A. § 9543(a), the PCRA court dismissed the petition on the basis that Appellant was ineligible for PCRA relief because he was not currently serving this sentence, awaiting execution on this crime…