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[U] Commonwealth v. Allam

Superior Court of Pennsylvania

March 7, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ANDREW J. ALLAM, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order Entered January 7, 2013, In the Court of Common Pleas of Pike County, Criminal Division, at No. CP-52-CR-0000469-2009.

BEFORE: GANTMAN, SHOGAN and MUSMANNO, JJ.

MEMORANDUM

SHOGAN, J.

Appellant, Andrew J. Allam, appeals pro se from the order entered on January 7, 2013 that dismissed his petition filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-9546. We affirm.

The PCRA court set forth the facts underlying this matter as follows:
Between May 1, 2007 and August 21, 2009, [Appellant] had a sexual relationship with KS, a minor daughter of [Appellant's] paramour at the time. Both the paramour and KS lived with [Appellant] throughout the time of these offenses. KS, who was born [in 1995], was between twelve (12) and fourteen (14) years old during this period. KS became pregnant with [Appellant's] child and gave birth in her residence. Upon arriving at the hospital, the state police were called. Following statements by KS to the police that [Appellant] had impregnated her, a further investigation revealed multiple sexual encounters occurred between [Appellant] and KS. The Commonwealth then filed the appropriate charges.
A jury trial was eventually held over a two day period, commencing on November 18, 2010. The jury convicted [Appellant] of three counts of Rape of a Child, twenty counts of Involuntary Deviate Sexual Intercourse, seventeen counts of Statutory Sexual Assault, fifteen counts of Indecent Assault, and one count of Corruption of Minors.

PCRA Court Opinion, 4/3/13, at 1-2 (footnotes omitted).

On February 11, 2011, Appellant was sentenced to a term of forty to eighty years of incarceration, and Appellant was ordered to register with the state police as a sex offender pursuant to Megan's Law, 42 Pa.C.S.A. §§ 9795.1 et seq. Post-sentence motions were filed and denied, and on March 22, 2011, Appellant filed a timely notice of appeal. In a memorandum filed on December 2, 2011, this Court affirmed Appellant's judgment of sentence. Commonwealth v. Allam, 812 EDA 2011, 40 A.3d 182 (Pa.Super. filed December 2, 2011) (unpublished memorandum), appeal denied, 616 Pa. 656, 50 A.3d 124 (2012).

On August 27, 2012, Appellant filed a timely PCRA petition, and the PCRA court appointed counsel. On December 6, 2012, Counsel filed a motion to withdraw and no-merit letter pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988), in which she averred that Appellant's PCRA petition was meritless. In an order filed on December 12, 2012, the PCRA court granted counsel's motion to withdraw, informed Appellant of its intent to dismiss his PCRA petition within twenty days pursuant to Pa.R.Crim.P. 907, and directed Appellant that he had twenty days in which to respond. When the PCRA court received no response from Appellant, it entered an order on January 7, 2013, dismissing his PCRA petition. Appellant timely appealed.

On appeal, Appellant purports to raise thirty issues, which we have reproduced verbatim:

I. The consent & DNA obtained from defendant is in violation of state and federal Constitutions and contrary to the ...

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