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.

Commonwealth v. Lawson

Superior Court of Pennsylvania

April 8, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
CHARLES LAWSON, Appellant

Submitted January 6, 2014

Page 2

Appeal from the PCRA Order of the Court of Common Pleas, Philadelphia County, Criminal Division, No. CP-51-CR-0744141-1991. Before O'KEEFE, J.

Todd M. Mosser and David S. Nenner, Philadelphia, for appellant.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: BENDER, P.J., SHOGAN and FITZGERALD [*], JJ.

OPINION

Page 3

SHOGAN, J.

Appellant, Charles Lawson, appeals from the order denying his third petition for relief filed pursuant to the Post Conviction Relief Act (" PCRA" ), 42 Pa.C.S.A. § § 9541-9546. Appellant contends, inter alia, that the use of prior juvenile conduct as a predicate offense for imposition of a mandatory life sentence pursuant to 42 Pa.C.S.A. § 9715 [1] violates Miller v. Alabama, __ U.S. __, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). For the reasons that follow, we affirm.

The PCRA court summarized the history of this case as follows:

[Appellant] was convicted of third-degree murder on October 26, 1992, after a bench trial [for a murder committed when he was thirty-three years old]. This court denied [Appellant's] post-verdict motions and sentenced [Appellant] to a mandatory term of life imprisonment for murder1, two and one-half years for possession of an instrument of crime, concurrent to the life sentence, and five to ten years for aggravated assault, consecutive to possession of an instrument of crime, but concurrent to the life sentence. [Appellant] filed a direct appeal. The Pennsylvania Superior Court affirmed [Appellant's] convictions. Commonwealth v. Lawson, 433 Pa.Super. 611, 636 A.2d 1213 (Pa. Super. 1993). [Appellant] did not seek allocatur with the Pennsylvania Supreme Court. Therefore, [Appellant's] sentence became final on or about September 30, 1993, upon the expiration of the thirty-day window for seeking allocat[u]r.
1 The life term was mandatory because petitioner had previously been convicted of third-degree murder in 1978 when he was seventeen (17) years old. See 42 Pa.C.S.A. § 9715.
On August 19, 1996, [Appellant] timely filed a PCRA petition, pursuant to 42 Pa.C.S.A. ยง 9541, et seq., based on an ...

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.