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[U] Commonwealth v. Johnson

Superior Court of Pennsylvania

February 10, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
AARON JOHNSON Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order March 14, 2012 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0704361-1993

BEFORE: GANTMAN, J., OLSON, J., and PLATT, J. [*]

JUDGMENT ORDER

GANTMAN, J.

Appellant, Aaron Johnson, appeals pro se from the order entered in the Philadelphia County Court of Common Pleas, dismissing as untimely his serial petition filed per the Post Conviction Relief Act ("PCRA"), at 42 Pa.C.S.A. §§ 9541-9546. On October 5, 1994, a jury convicted Appellant of two counts of robbery, two counts of aggravated assault, criminal conspiracy, and carrying firearms on a public street or in a public place in Philadelphia. On November 29, 1994, the trial court sentenced Appellant to an aggregate term of twenty-five to fifty years' imprisonment. Appellant filed a post-sentence motion on December 7, 1994, which was denied on April 14, 1995, by operation of law. Appellant did not pursue direct review. Between 1996 and 2007, Appellant filed three PCRA petitions, which were all denied and later affirmed. On April 11, 2011, Appellant filed the current, pro se serial PCRA petition, which the PCRA court denied as untimely on March 14, 2012, after issuing notice of its intent to dismiss the petition pursuant to Pa.R.Crim.P. 907. Appellant filed a pro se notice of appeal on April 5, 2012.

The timeliness of a PCRA petition is a jurisdictional requisite. Commonwealth v. Hackett, 598 Pa. 350, 956 A.2d 978 (2008). "Jurisdictional time limits go to a court's right or competency to adjudicate a controversy." Id. at 359, 956 A.2d at 983. Under the amended PCRA, effective 1/16/96, a PCRA petition must be filed within one year of the date the underlying judgment becomes final. 42 Pa.C.S.A. § 9545(b)(1). A judgment is deemed final "at the conclusion of direct review, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking review." 42 Pa.C.S.A. § 9545(b)(3).

Instantly, Appellant filed his current PCRA petition on April 11, 2011, almost sixteen years after his judgment of sentence became final which, for our purposes, was on or about May 14, 1995. Further, the one-year grace period provided in the amended PCRA "does not apply to second or subsequent petitions, regardless of when the first petition was filed." Commonwealth v. Fairiror, 809 A.2d 396, 398 (Pa.Super. 2002), appeal denied, 573 Pa. 703, 827 A.2d 429 (2003). Additionally, Appellant's current PCRA petition fails to plead and prove any cognizable exceptions to the PCRA timeliness requirements. See 42 Pa.C.S.A. § 9545(b)(1) (providing three exceptions to one-year time limit under PCRA). Accordingly, the PCRA court properly dismissed the petition as untimely.

Order affirmed.

Judgment Entered.


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