from the PCRA Order February 19, 2016 In the Court of Common
Pleas of Philadelphia County Criminal Division at No(s):
BEFORE: GANTMAN, P.J., STABILE, J., and FITZGERALD, J.
Jalil Williams, appeals from the order entered in the
Philadelphia County Court of Common Pleas, which dismissed
his first petition brought pursuant to the Post Conviction
Relief Act ("PCRA"). We vacate and remand for further
July 18, 2013 opinion preceding Appellant's direct
appeal, the trial court accurately set forth the relevant
facts and procedural history of this case as
[Appellant] was arrested [on] September 18, 2002, after
police observed [Appellant] selling 2 packets of crack
cocaine to a buyer who was later stopped; also, [Appellant]
was found with 2 packets of crack cocaine and $89.00 United
States currency (USC). On October 24, 2003, [Appellant] was
[convicted after a bench trial of possession of a controlled
substance with the intent to deliver and simple possession
and] sentenced to 9 to 19 months' incarceration followed
by 2 years reporting probation (CP-51-CR-0403921-2003).
On May 18, 2007, a VOP hearing was held, probation/parole was
revoked, and [Appellant] was sentenced to 6 to 23 months'
incarceration followed by 3 years' probation. On
September 3, 2007, [Appellant] was granted parole.
On August 15, 2008, [Appellant] was arrested for aggravated
assault and related charges (MC-51-CR-0041231-2008). On
September 2, 2008, [Appellant] was arrested for simple
assault, burglary, violating the Uniform Firearms Act (VUFA),
and related charges (MC-51-CR-0044379-2008). Both matters
were dismissed on March 3, 2009. On September 2, 2008,
[Appellant] was placed on wanted cards for absconding.
On July 27, 2010, [Appellant] entered into a non-negotiated
guilty plea to possessing cocaine with the intent to deliver
(arrest date 7/25/09) and was sentenced to [8 to] 23
months' house arrest and a concurrent term of 72
months' reporting probation (CP-51-CR-0009983-2009); his
probation was revoked on CP-51-CR-0403921-2003, and he was
given a concurrent term of 6 years' probation for his
On August 12, 2010, [Appellant] was placed on wanted cards.
At a VOP hearing on September 1, 2010, probation was revoked
and [Appellant] was placed on 6 years' probation on
CP-51-CR-0403921-2003, to run consecutive to
CP-51-CR-0009983-2009, in which 8 to 23 months'
incarceration to be followed by 72 months' reporting
probation (6 years' reporting and one year non-reporting)
On March 25, 2011, [Appellant] was released from custody
after parole was granted and, while on parole, he submitted
to urine screenings that were positive for marijuana,
opiates, cocaine, and benzodiazepines. He failed to report to
a drug screening, and his history of reporting was sporadic.
[Appellant] was arrested on May 1, 2012, and charged with
VUFA and related offenses (CP-51-CR-0007854-2012).
After a VOP hearing on February 5, 2013, probation was
revoked…, and sentencing was deferred pending the
completion of a Presentence Report. On April 17, 2013, this
court sentenced [Appellant] to 108 to 216 months'
incarceration on CP-51-CR-0009983-2009, and one year
consecutive reporting probation on CP-51-CR-0403921-2003.
(Trial Court Opinion, filed July 18, 2013, at 1-4) (internal
citations and footnotes omitted). On August 14, 2014, this
Court affirmed Appellant's judgment of sentence at
dockets CP-51-CR-0403921-2003 and CP-51-CR-0009983-2009.
See Commonwealth v. Williams, 106 A.3d 159
(Pa.Super. 2014). Appellant did not seek further direct
November 19, 2014, Appellant timely filed his first PCRA
petition pro se. Appellant retained PCRA counsel,
who filed an amended PCRA petition on March 13,
2015. The Commonwealth filed a motion to dismiss
on July 14, 2015. On October 2, 2015, Appellant filed a
second amended PCRA petition. The Commonwealth responded on
December 21, 2015. On January 15, 2016, the court issued
notice of its intent to dismiss the petition without a
hearing pursuant to Pa.R.Crim.P. 907.
January 25, 2016, Appellant filed a pro se motion
for appointment of counsel. Appellant alleged that he
contacted PCRA counsel on January 20, 2016, after ...