COMMONWEALTH OF PENNSYLVANIA v. SALVADOR MORALES (2010)

Supreme Court of Pennsylvania.

COMMONWEALTH OF PENNSYLVANIA, Respondent v. SALVADOR MORALES, Petitioner

No. 147 EM 2009

Decided: February 03, 2010

ORDER

AND NOW, this 3 rd day of February, 2010, the Petition for Leave to File Notice of Appeal Nunc Pro Tunc is DISMISSED. As Petitioner's filing is not a request for mandamus relief, this matter was improperly transferred from the Superior Court on that basis. To the extent that Petitioner seeks reinstatement nunc pro tunc of his right to appeal to the Superior Court from the Post Conviction Relief Act (“PCRA”) court's order, the proper vehicle to make that request, if any, is a subsequent PCRA petition filed in the PCRA court. Cf. Kendrick v. District Attorney Of Philadelphia County, 916 A.2d 529, 537 (Pa.2007).

PER CURIAM

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