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Commonwealth of Pennsylvania v. Christopher G. Glunt

IN THE SUPERIOR COURT OF PENNSYLVANIA


December 11, 2012

COMMONWEALTH OF PENNSYLVANIA, APPELLEE
v.
CHRISTOPHER G. GLUNT, APPELLANT

Appeal from the Order of March 19, 2012, in the Court of Common Pleas of Centre County, Criminal Division at Nos. CP-14-CR-0001796-2002, CP-14-CR-0001797-2002, CP-14-CR-0001798-2002, CP-14-CR-0001799-2002

The opinion of the court was delivered by: Colville, J.

BEFORE: MUSMANNO, BENDER and COLVILLE*fn1 , JJ.

This is a pro se appeal from the order which denied Appellant's pro se "Petition to Vacate/Correct Illegal Sentence. In the Interest of Justice." We affirm.

In his petition, filed February 23, 2012, Appellant claimed that the length of his 2003 judgment of sentence rendered it illegal.*fn2 The lower court denied the petition as untimely and without legal foundation. In its opinion filed pursuant to Pennsylvania Rule of Appellate Procedure 1925(a), the court noted that Appellant had litigated his judgment of sentence in a timely post-sentence motion and in a petition filed pursuant to the Post Conviction Relief Act ("PCRA") and explained that it dismissed the instant petition because "Appellant has no legal authority to now file a Motion to Vacate/Correct Illegal Sentence."

We agree.

As a post-sentence motion, the petition was obviously untimely, see Pa.R.Crim.P. 720(A).*fn3 The lower court had no jurisdiction to grant relief on this petition. 42 Pa.C.S.A. § 5505. Appellant offers no legal authority or argument to the contrary. Accordingly, we affirm the order denying the petition.

Order affirmed.


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