Commonwealth v. Morales

*406 OPINION

FLAHERTY, Chief Justice.1

This is a direct appeal from the order of the Court of Common Pleas of Philadelphia County denying appellant’s second petition for post-conviction relief in appellant’s homicide case where he received the death penalty.2 For the reasons expressed herein, we remand for a new sentencing hearing.

In May, 1983, appellant, Salvador Morales, and his co-defendant, Heriberto Pirela, a/k/a Carlos Tirado,3 were jointly tried before a jury for the death of Jorge Figueroa. On May 18, 1983, the jury convicted both men of first degree murder, criminal conspiracy and…