COMMONWEALTH OF PENNSYLVANIA v. KENNETH LEE BEAVER (2011)

ORDER

AND NOW, this 3 rd day of May, 2011, the Petition for Allowance of Appeal is GRANTED.   The Superior Court did not address the Commonwealth's contention that Respondent was represented by counsel during the waiver-of-counsel colloquy and, thus, did not sufficiently preserve by objection the contention that the colloquy was constitutionally inadequate.   The Order of the Superior Court is thus VACATED, and the matter is REMANDED for reconsideration of this argument.   See Commonwealth v. Red, 937 A.2d 383 (Pa.2007) (per curiam ).

PER CURIAM