Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

[U] Commonwealth v. Keffer

Superior Court of Pennsylvania

March 4, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
KYLE KEFFER Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order November 13, 2012 In the Court of Common Pleas of Westmoreland County Criminal Division at No(s): CP-65-CR-0003777-2008

BEFORE: PANELLA, J., OLSON, J., and WECHT, J.

MEMORANDUM

PANELLA, J.

Appellant, Kyle Keffer, appeals pro se from the order entered November 13, 2012, by the Honorable John E. Blahovec, Court of Common Pleas of Westmoreland County, which denied his petition filed pursuant to the Post Conviction Relief Act (PCRA).[1] We affirm.

On March 7, 2011, Keffer entered a negotiated guilty plea to robbery – threatens immediate serious bodily injury, [2] theft by unlawful taking, [3] and receiving stolen property, [4] and was sentenced pursuant to the agreement a term of five to fifteen years' imprisonment. Keffer did not file a direct appeal.

On April 9, 2012, Keffer filed a pro se PCRA petition, after which counsel was appointed. On October 24, 2012, the PCRA court issued notice of its intent to dismiss Keffer's petition as untimely filed. On November 13, 2012, the PCRA court granted appointed counsel permission to withdraw from this matter and dismissed Keffer's PCRA petition. This timely appeal followed.

On appeal, Keffer raises several allegations of ineffective assistance of counsel. Preliminarily, we must determine whether Keffer's PCRA petition was timely filed. It is axiomatic that a PCRA petition must be filed within one year of the date that the judgment of sentence becomes final. See 42 Pa.Cons.Stat.Ann. § 9545(b)(1). If a petition is filed after that one year date, the general rule is that the PCRA court lacks jurisdiction to hear the petition. However, section 9545(b) provides for three limited circumstances to the general rule in which such a petition may be filed beyond that one-year period:

(b) Time for filing petition.--
(1) Any petition under this subchapter, including a second or subsequent petition, shall be filed within one year of the date the judgment becomes final, unless the petition alleges and the petitioner proves that:
(i) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.
(2) Any petition invoking an exception provided in paragraph (1) shall be filed within 60 days of the date the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.