Commonwealth v. Lehman, R.

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 202 WAL 2022
:
Petitioner :
: Petition for Allowance of Appeal
: from the Order of the Superior Court
v. :
:
:
RONNIE LEHMAN, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 21st day of December, 2022, the Petition for Allowance of Appeal
is GRANTED. The issue, as stated by petitioner, is:
Whether the Superior Court majority erred in concluding that prior counsel
rendered ineffective assistance for failing to pursue on appeal a claim that
the evidence was insufficient to sustain Respondent’s conviction under 18
Pa.C.S. § 5123(a.2) (Contraband), because he was not an inmate at the
time he unlawfully possessed a controlled substance, where, pursuant to
the relevant statute and legislation, he was an inmate?