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Commonwealth v. Thomas

Order denying defendants petition for post conviction collateral relief affirmed because defendant failed to demonstrate ineffective counsel, defendant was not denied his right to testify, defendants claim of a general necessity for discovery was insufficient, trial counsel did not labor under a conflict of interest, and Pennsylvania law does not recognize a "cumulative effect" doctrine.

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OPINION

� 1 Appellant, Frederick Thomas, asks us to determine whether the trial court erred when it denied his petition for post conviction collateral relief filed pursuant to the Post Conviction Relief Act (“PCRA”). *fn1 We hold that the trial court properly denied Appellant’s PCRA petition and affirm the court’s order.

� 2 The relevant facts and procedural history of this case are as follows. On April 24, 1996, after a waiver trial, Appellant was convicted of aggravated assault, *fn2 simple assault, *fn3 carrying firearms on public streets, *fn4 and recklessly endangering another person. 5 The trial court sentenced Appellant to a total term of seven and one-half to fifteen years’ incarceration. Represented by new counsel on direct appeal, Appellant sought review of his judgment of sentence. On December 9, 1997, this Court affirmed Appellant’s judgment of sentence. On September 28, 1998, Appellant filed a pro se PCRA petition for relief and the PCRA court appointed counsel. Appellant’s PCRA attorney subsequently filed a “no merit” letter with the court, asserting that the issues set forth in Appellant’s petition lacked merit and that no further issues could be raised in an amended, counseled petition. On November 9, 1999, the PCRA court dismissed Appellant’s petition and granted Appellant’s PCRA attorney leave to withdraw. With newly obtained pro bono counsel, Appellant brings this timely appeal.

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