Commonwealth v. Cherry

OPINION BY

DUBOW, J.:

Appellant, Lamont Cherry, appeals from the Order entered in the Luzerne County Court of Common Pleas dismissing his first Petition filed under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. After careful review, we vacate and remand for further proceedings.

A jury convicted Appellant of Third-Degree Murder in the death of one-year-old Zalayia McCloe. On December 21, 2011, the trial court imposed a term of 20 to 40 years’ imprisonment. Appellant filed a direct appeal raising one evidentiary issue related to police officer testimony. This Court affirmed…