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Commonwealth v. Kent

Denial of post-conviction relief petition reversed; where defendant claimed attorney from Public Defender's Office had been ineffective at trial, court's offer to defendant of a choice between continued representation by Public Defender's Office or pro se representation deprived defendant of his constitutional right of counsel on direct appeal.

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� 1 Raymond M. Kent appeals from the order denying his petition under the Post-Conviction Relief Act (PCRA) 42 Pa.C.S. ��9541-9546. We remand for appointment of counsel and grant Kent leave to file his direct appeal nunc pro tunc within thirty days of appointment of counsel.

� 2 Kent raises a number of issues on appeal, but we need only address one. Kent claims he was denied counsel on direct appeal and, as a result, he lost his direct appeal rights. A brief recitation of the facts is in order.

� 3 Evidence indicated Kent and his sister had some beers and smoked crack cocaine on the night of the incident. While later driving around Erie, Kent claimed he had to go to the bathroom. He pulled off the road to a sheltered location near some woods. While at this location, he pulled his sister out of the car and into the woods. He then removed her clothes, tied her hands behind her back, and tied her legs to different trees. As a result of intoxication and being choked, his sister moved in and out of consciousness. At one point she awoke to find her brother performing oral sex on her.

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