Commonwealth v. Figueroa

OPINION BY

BOWES, J.:

Josué Rosario Figueroa appeals from the order entered December 8, 2010 denying his PCRA petition challenging his 1988 rape conviction. Finding that the PCRA court erred in treating Appellant’s petition as a second petition and therefore failed to appoint counsel, we remand for a Grazier 1 hearing to ensure that an on-the-record colloquy is conducted to confirm Appellant’s desire to proceed pro se.

The history of this case is long and complex, but a recitation of that background is beneficial to understand how the matter has arrived in its present state. The Commonwealth…