The URL can be used to link to this page

Home My WebLink AboutCP-21-CR-1683-2003 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : YASSIN MOHAMMAD : CP-21-CR-1683-2003 IN RE: PETITION FOR POST-CONVICTION RELIEF OPINION AND ORDER OF COURT Bayley, J., May 9, 2007:-- Yassin Mohammad was charged with possessing instruments of a crime in violation of 18 Pa.C.S. Section 907(a). Counsel was appointed to represent him. On October 24, 2003 , Hoffer, P.J., granted Mohammad’s motion to represent himself, and January 29, 2004 modified the prior appointment of counsel to act as standby. On , March Mohammad was convicted by a jury of possessing instruments of a crime. On 23, 2004 , he was sentenced to undergo imprisonment in a state correctional institution for not less than 16 months or more than 5 years, consecutive to any other sentence April 22, 2004 being served. On , Mohammad, through his counsel, filed a timely appeal from the judgment of sentence to the Superior Court of Pennsylvania. On January 14, 2005 , the Superior Court dismissed the appeal for failure to file a brief. Mohammad filed a petition in this court for relief under the Post-Conviction Relief et seq. Act. 41 Pa.C.S. Section 9541 Counsel was appointed and an amended May 9, 2007 petition was filed. A hearing was conducted on . Petitioner seeks allowance to file a direct appeal to the Superior Court, nunc pro tunc, from his judgment of sentence. The merits of petitioner’s counseled direct appeal from his judgment of sentence CP-21-CR-1683-2003 were not addressed by the Superior Court because of counsel’s ineffectiveness in not complying with the briefing schedule of that Court. Therefore, pursuant to Commonwealth v. Hoyman, Commonwealth v. 385 Pa. Super. 439 (1989), and Franklin, 823 A.2d 906 (Pa. Super. 2003), petitioner is entitled to the post-conviction relief of allowing him to file an appeal from his judgment sentence, nunc pro tunc, in the Superior Court of Pennsylvania. ORDER OF COURT IT IS ORDERED AND NOW, this day of May, 2007, that Yassin Mohammad may file a direct appeal, nunc pro tunc, from his judgment of sentence within thirty days of this date. By the Court, Edgar B. Bayley, J. Michelle Sibert, Esquire For the Commonwealth Michael Halkias, Esquire For Petitioner :sal -2- COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : YASSIN MOHAMMAD : CP-21-CR-1683-2003 IN RE: PETITION FOR POST-CONVICTION RELIEF ORDER OF COURT IT IS ORDERED AND NOW, this day of May, 2007, that Yassin Mohammad may file a direct appeal, nunc pro tunc, from his judgment of sentence within thirty days of this date. By the Court, Edgar B. Bayley, J. Michelle Sibert, Esquire For the Commonwealth Michael Halkias, Esquire For Petitioner :sal