Appeal from the PCRA Order entered July 30, 2008 In the Court of Common Pleas of Allegheny County Criminal No. CP-02-CR-0003256-1991.
The opinion of the court was delivered by: Fitzgerald, J.
Petition for Reargument Filed July 27, 2009
BEFORE: STEVENS, DONOHUE, and FITZGERALD,*fn1 JJ.
¶ 1 Appellant, Jeffrey Williams, files this pro se appeal from the order entered in the Allegheny County Court of Common Pleas, which dismissed his second petition filed pursuant to the Post Conviction Relief Act ("PCRA").*fn2
We hold that an appellant who is required to submit to the reporting requirements of Section 9795.1 of Megan's Law II,*fn3 but has also completed a sentence of imprisonment and/or probation, is not eligible for relief under PCRA Section 9543(a)(1)(i). Accordingly, we affirm.
¶ 2 Appellant was convicted by a jury in 1991 of crimes relating to the kidnapping and assault of a minor. He was sentenced on September 17, 1991, to an aggregate sentence of five to twelve years' imprisonment. This Court affirmed his judgment of sentence. Commonwealth v. Williams, 626 A.2d 651 (Pa. Super. 1993) (unpublished memorandum). Appellant did not petition for allowance of appeal with our Supreme Court.
¶ 3 Appellant filed a pro se PCRA petition in 1993. After appointed counsel filed an amended petition, the PCRA court denied relief. Appellant filed a notice of appeal, but later filed a praecipe for discontinuance, which was granted. He filed a second PCRA petition pro se in 1995, and appointed counsel filed an amended petition. The PCRA court dismissed this petition. Appellant filed a notice of appeal, but it appears that the Commonwealth and Appellant reached an agreement that he was entitled to relief because the appeal was discontinued and, soon thereafter, the PCRA court resentenced Appellant to a maximum term of five years' imprisonment, followed by four years' probation.*fn4 As a result of this new sentence, Appellant was released from incarceration, and he has completed serving the newly imposed sentence.*fn5 However, as a result of his conviction for aggravated indecent assault,*fn6 he is subject to lifetime registration under Megan's Law II. See 42 Pa.C.S. § 9795.1(b)(2).
¶ 4 On July 12, 2007, Appellant filed the instant, pro se, PCRA petition.*fn7
In the petition, he alleged newly discovered evidence regarding allegedly inconsistent testimony by the victim in a 2007 trial. The PCRA court dismissed the petition without a hearing, finding Appellant's claim untimely raised. This timely appeal followed.
¶ 5 Before we address Appellant's claim, the Commonwealth avers that Appellant is no longer eligible for relief because he has completed serving his term of incarceration, and he is not serving a term of probation or parole. Appellant counters that because he is required to register under Megan's Law II, he is eligible for relief through the PCRA.
¶ 6 In Commonwealth v. Hart, 911 A.2d 939 (Pa. Super. 2006), a panel of this Court noted:
Our [S]supreme [C]court has held that, to be eligible for relief under the PCRA, the petitioner must be "currently serving a sentence of imprisonment, probation or parole for the crime." 42 Pa.C.S.A. § 9543(a)(1)(i). As soon as his sentence is completed, the petitioner becomes ineligible for relief, regardless of whether he was serving his sentence when he filed the petition. Commonwealth v. Ahlborn, 548 Pa. 544, 548, 699 A.2d 718, 720 (1997); Commonwealth v. Matin, 832 A.2d 1141, 1143 (Pa. Super. 2003)[ ]. In addition, this court determined in Commonwealth v. Fisher, 703 A.2d 714 (Pa. Super. 1997), that the PCRA ...