Commonwealth v. Malone

OPINION BY

GRACI, J.:

¶ 1 Appellant, Joseph J. Malone (“Malone”) appeals from an order entered on February 4, 2002, in the Court of Common Pleas of Allegheny County, denying Malone’s petition for relief under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546. For the reasons set forth below, we vacate the order and remand this matter with directions.

I. FACTUAL AND PROCEDURAL HISTORY

¶ 2 Malone was charged by information filed September 25, 2000 with two counts of driving under the influence of alcohol or controlled substance, 75 Pa.C.S.A. § 3731(a)(1), (4). Malone was also charged with…