Appeal from the PCRA Order September 10, 2012 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-1111552-2002
BEFORE: GANTMAN, J., DONOHUE, J., and PLATT, J. [*]
Appellant, Tyrone Johnson, appeals from the order entered in the Philadelphia County Court of Common Pleas, dismissing his petition brought pursuant to the Post Conviction Relief Act ("PCRA"). We affirm.
The PCRA court opinion fully sets forth the relevant facts and procedural history pertaining to this appeal as follows:
On June 12, 2002, the police arrested [A]ppellant for three separate robberies. The first occurred at a state liquor store located at 5101 Lancaster Avenue in Philadelphia on May 3, 2002. The second occurred at the same store on June 12, 2002. The third occurred at a state store on the 4900 block of Baltimore Avenue on June 4, 2002. The court consolidated the May 3rd and June 12th robberies.
On April 5, 2004, Judge Overton initially declared a mistrial when the jury could not reach a verdict. On January 31, 2005, the Commonwealth retried Appellant. However, although the jury acquitted [Appellant] of all charges relating to the May 3, 2002 robbery, it could not reach a verdict involving the June 12, 2002 robbery case.
On March 26, 2007, the Commonwealth retried Appellant a third time for the June 12th robbery. This time a jury found Appellant guilty of five counts of Robbery (F-1) and (F-2), one count of Criminal Conspiracy, and Possession of an Instrument of Crime. On May 17, 2007, the court sentenced the Appellant to 10-20 years concurrent incarceration for five counts of Robbery (F-1) followed by 10 years consecutive probation imposed for the criminal conspiracy. The court imposed no further penalty on the five counts of Robbery (F-2) or Possession of an Instrument of Crime. On April 16, 2009, the Superior Court affirmed the trial court, and Appellant filed a Petition for Allowance of Appeal to the Supreme Court on May 15, 2009.
On October 1, 2009, the Supreme Court denied Appellant's Petition. On July 21, 2010, Appellant filed a [PCRA] Petition…. This petition was amended by Appellant's appointed counsel on January 5, 2012. In his PCRA petition, Appellant claims:
1. that trial counsel was ineffective for failing to file a motion to dismiss the charges against the appellant where there were two prior trials for the same charges which ended in a mistrial.
2. that trial counsel was ineffective in failing to file a motion to suppress a search of his house.
3. that trial counsel was ineffective for failing to object to the Commonwealth's improper references to his previous trials in his closing arguments.
(PCRA Court Opinion, 12/7/12, at 1-2). Appellant filed a notice of appeal on August 24, 2012. Subsequently, on September 10, 2012, the trial court entered its order, dismissing Appellant's petition for post-conviction relief. Appellant's notice of appeal relates forward to September 10, 2012, the date the order was entered and copies were distributed to all the appropriate parties. See Pa.R.A.P. 905(a). The court did not order Appellant ...