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12/09/97 COMMONWEALTH PENNSYLVANIA v. FREDERICK W.

December 9, 1997

COMMONWEALTH OF PENNSYLVANIA, APPELLEE
v.
FREDERICK W. FISHER, JR., APPELLANT



Appeal from the ORDER ENTERED February 06, 1997 In the Court of Common Pleas of MONROE County, CRIMINAL, No. NO. 385 CR 1992. Before O'BRIEN, J.

Before: Cirillo, P.j.e., Schiller, and Hoffman, J.j. Opinion BY Schiller, J.

The opinion of the court was delivered by: Schiller

OPINION BY: SCHILLER, J.

Filed December 9, 1997

Appellant, Frederick W. Fisher, Jr., appeals from the order entered by the Court of Common Pleas of Monroe County denying his petition for post-conviction relief. We affirm.

FACTS:

In January 1993, following a jury trial, appellant was convicted of nine counts of wiretapping. *fn1 He was sentenced to eleven and one-half to twenty-three months county imprisonment on the first count, and fined $15,000 on each of the remaining eight counts, for a total fine of $120,000. On appeal, this Court vacated the fines and remanded for a determination of whether appellant could afford to pay the fines. Commonwealth v. Fisher, 643 A.2d 703 [Memorandum decision, 1994], alloc. denied, 539 Pa. 675, 652 A.2d 1320 (1994), cert. denied, 115 S. Ct. 1796 (1995). On March 20, 1995, appellant was resentenced and order to pay $120,000 in fines as before. This Court affirmed that sentence on direct appeal. Commonwealth v. Fisher, 673 A.2d 401 [Memorandum decision, 1995].

On January 17, 1997, appellant filed a "Petition for Writ of Coram Nobis and for Relief under the Post Conviction Relief Act." *fn2 The Commonwealth responded that appellant was not eligible for post-conviction relief because he had completed serving his sentence. The trial court agreed, and on February 6, 1997 dismissed appellant's petition on that basis. This appeal followed.

Discussion

Appellant now raises one issue: whether the trial court erred in dismissing his PCRA petition on the ground that appellant had completed serving his sentence.

At issue here is the Post Conviction Relief Act , 42 Pa.C.S. § 9541 et. seq. The relevant section provides:

(a) General rule - To be eligible for relief under this subchapter, the petitioner must plead and prove by a preponderance of the evidence all of the following:

(1) That the petitioner has been convicted of a crime under the laws of this ...


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