Commonwealth v. Donaghy

OPINION BY

LAZARUS, J.:

David Joseph Donaghy appeals from the dismissal of his first petition filed under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. § 9541, et seq. After careful review, we reverse the PCRA court’s order and remand with instructions to reinstate Donaghy’s direct appellate rights.

On December 19, 2007, Donaghy and two accomplices, Patricia Chewning and Jeremy Calhoun, conspired to rob Calhoun’s 80-year old neighbor, William Smith, after Calhoun found out Smith kept cash in his home. Chewning knocked on Smith’s door, while Donaghy and Calhoun stood on opposite sides of…