Commonwealth v. Lewis, W.

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 85 MM 2022
:
Respondent :
:
:
v. :
:
:
WILLIAM LEWIS, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 10th day of February, 2023, the Petition for Leave to File Petition
for Allowance of Appeal Nunc Pro Tunc is GRANTED.
It appears that Attorney Kathleen J. Boyer, who was Petitioner’s court-appointed
counsel, abandoned Petitioner. See Pa.R.Crim.P. 120(B)(1) (indicating that counsel may
not withdraw absent leave of court); Pa.R.Crim.P. 904(F)(2) (providing that, when counsel
is appointed in a PCRA matter, representation continues through all avenues of appeal,
including allocatur review).
This matter is REMANDED to the Court of Common Pleas of Chester County to
determine whether Petitioner is entitled to appointment of new counsel or whether to
permit Petitioner to proceed pro se. See Pa.R.Crim.P. 904(F)(2); see also
Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (in the context of a collateral attack
against a sentence, explaining that an on-the-record determination must be made as to
whether a defendant’s request to proceed pro se is knowing, intelligent, and voluntary).
The Court of Common Pleas of Chester County is DIRECTED to enter its order
on remand within 90 days and to notify this Court promptly of its determination.
The Prothonotary is DIRECTED to serve this order on Attorney Boyer.
[85 MM 2022] - 2