Superior Court of Pennsylvania November 7, 2007 (Commonwealth v. Geer)

DISSENTING OPINION BY

BENDER, J.:

¶ 1 Because I believe our Supreme Court’s recent decision in Commonwealth v. Bennett, 593 Pa. 382, 930 A.2d 1264 (2007) (Bennett II), provides a substantial change to the law that impacts the within case, I would remand for an evidentiary hearing to determine when Appellant learned that his appeal in this Court had been dismissed due to counsel’s failure to file