*1 IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 146 EM 2016

: Respondent :

: : v. :

: : MARKEL DAVIS, :

: Petitioner :

ORDER PER CURIAM

AND NOW , this 14th day of November, 2016, the Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is GRANTED . Although counsel has not established that the failure to present a timely filing was due to non-negligent circumstances, Petitioner is entitled to a counsel-filed allocatur petition. See Pa.R.Crim.P. 122.

Counsel is DIRECTED to file the already prepared Petition for Allowance of Appeal within 5 days