Submitted June 29, 2015
Appeal from the PCRA Order June 27, 2014 of the Court of Common Pleas, Philadelphia County, Criminal Division, No(s): CP-51-CR-0406011-2004. Before ROGERS, J.
Craig M. Cooley, Pittsburgh, for appellant.
Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
BEFORE: GANTMAN, P.J., PANELLAPANELLA, and OLSONOLSON, JJ.
Appellant, Quawi Smith, appeals from the order entered in the Philadelphia Court of Common Pleas, which denied his first petition brought pursuant to the Post Conviction Relief Act (" PCRA" ). We affirm.
The relevant facts and procedural history are as follows:
On March , 2006, following a bench trial, [Appellant] was found guilty of first-degree murder and possession of an instrument of crime. On May 19, 2006, this court imposed a sentence of life imprisonment. On March 27, 2009, the Superior Court affirmed [Appellant's] convictions and sentence. [Appellant] did not file an appeal with the state Supreme Court. On December 3, 2009, [Appellant] filed a timely pro-se [PCRA] petition, and later hired private attorney Brian McMonagle, Esq., who filed an amended PCRA petition on October 9, 2012.
Subsequently, on January 16, 2014, this court issued a Notice of Dismissal pursuant to [Pa.R.Crim.P. 907] to both [Appellant] and Mr. McMonagle. On June 12, 2014, this court, following consideration and review, formally dismissed [Appellant's] PCRA petition without a hearing. On July 7, 2014, [Appellant] filed a pro-se Notice of Appeal, and later that same week, Craig M. Cooley, Esq., was appointed to represent [Appellant] for the appeal of his PCRA dismissal. Thereafter, Mr. Cooley filed a [Rule] 1925(b) Statement, which is the basis for this opinion.
A brief summation of the facts in this case is as follows: On October 21, 2002, Jermaine Daniels, the victim, confronted [Appellant] in front of a Chinese food market at 59th and Belmar Streets in Philadelphia because [Appellant] had attempted to rob [the victim] a few days earlier. [Appellant] and the victim were engaged in a verbal confrontation when [Appellant] withdrew a firearm and shot the victim in the forehead. [Appellant] fired two additional shots as the victim was falling to the ground--one penetrating his heart and lung. As [Appellant] fled, he fired his gun back towards the
crowd that quickly gathered. No one else was injured, but the victim died at the scene.
(PCRA Court Opinion, filed January 15, 2015, at 1-2) (internal citations and ...