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Commonwealth v. Wyatt

Superior Court of Pennsylvania

April 24, 2015

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
KEVIN WYATT, Appellant

Submitted: March 2, 2015.

Appeal from the PCRA Order, Entered July 21, 2014, in the Court of Common Pleas of Philadelphia County, Criminal Division at No(s): CP-51-CR-0603901-1990. Before GLAZER, J.

Kevin Wyatt, APPELLANT, pro se.

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

BEFORE: STABILE, J., JENKINS, J., and MUSMANNO, JJ.

OPINION

Page 877

JENKINS, J.:

Appellant Kevin Wyatt appeals from the order of the Philadelphia County Court of Common Pleas treating his petition for writ of habeas corpus as a petition filed pursuant to the Post Conviction Relief Act (" PCRA" ), 42 Pa.C.S. § 9541 et seq., and dismissing it as untimely. Although we agree the trial court should not have treated the petition for writ of habeas corpus as a PCRA petition, we deny relief. The appropriate vehicle for Appellant's claim is an original action filed in the Commonwealth Court of Pennsylvania, not a petition for writ of habeas corpus.

In a previous appeal, this Court summarized the factual and procedural history as follows:

Following a 1992 trial, a jury found Appellant guilty of firstdegree murder, two counts of robbery, and criminal conspiracy,[1] all stemming from the 1990 shooting death of a jewelry store employee. On June 1, 1993, the trial court sentenced Appellant to a term of life imprisonment for the murder conviction and two consecutive terms of 10 years to 20 years in prison on the robbery charges, to be served concurrently with

Page 878

his life sentence for murder. This Court affirmed his judgment of sentence and our Supreme Court denied his petition for allowance of appeal. Commonwealth v. Wyatt, 455 Pa.Super. 404, 688 A.2d 710 (Pa.Super.1997), appeal denied, 548 Pa. 681, 699 A.2d 735 (1997).

Appellant filed his first PCRA petition on September 18, 1997, alleging trial and appellate counsel ineffectiveness. The PCRA court denied relief and this Court affirmed the PCRA court's rejection of four of his five claims. However, we granted relief and ordered a new trial based on trial counsel's failure to object to an accomplice liability jury instruction. Commonwealth v. Wyatt, 782 A.2d 1061 (Pa.Super.2001) (unpublished memorandum). Both Appellant and the Commonwealth sought allocatur. Our Supreme Court denied the Commonwealth's petition on October 15, 2002, Commonwealth v. Wyatt, 570 Pa. 698, 809 A.2d 904 (2002) (table), and denied Appellant's petition on June 3, 2003, Commonwealth v. Wyatt, 573 Pa. 697, 825 A.2d 1261 (2003) (table).
The case returned to the trial court for a new trial on the charge of first-degree murder. On January 26, 2004, Appellant entered a guilty plea to third-degree murder.[2] The trial court imposed a sentence of ten years to twenty years in prison, ...

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