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Commonwealth v. Perez

Order of PCRA court reversed and case remanded; appointed counsel did not provide meaningful representation because he did not address untimeliness of defendant's first PCRA petition or respond to the PCRA court's notice of intent to dismiss defendant's petition as untimely.

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OPINION

� 1 In this appeal we must determine whether counsel appointed to assist Appellant with his first PCRA petition provided meaningful representation, where appointed counsel filed an amended petition, but did not address the apparent untimeliness of Appellant’s petition or respond to the PCRA court’s notice of intent to dismiss Appellant’s petition as untimely. We hold that to provide meaningful representation, appointed counsel must at least address the timeliness of a PCRA petition and determine whether the petition fits any exception to the PCRA’s timeliness provision, where the subject petition is untimely on its face.

� 2 The relevant facts and procedural history of this appeal are as follows. In 1995, authorities charged Appellant with 27 counts of sexual abuse involving three minor children of Appellant’s ex-paramour. The information was later amended to 23 counts. Following a jury trial on May 16, 1996, the trial court granted a directed verdict in favor of the defense on one count of involuntary deviate sexual intercourse (IDSI) *fn1 and one count of aggravated indecent assault. *fn2 The jury convicted Appellant on each of the 21 remaining counts of sexual abuse. *fn3

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