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Commonwealth v. Williams

Superior Court of Pennsylvania

July 27, 2017

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
JALIL WILLIAMS Appellant

         Appeal from the PCRA Order February 19, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0009983-2009, CP-51-CR-0403921-2003

          BEFORE: GANTMAN, P.J., STABILE, J., and FITZGERALD, J. [*]

          OPINION

          GANTMAN, P.J.

         Appellant, 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").[1] We vacate and remand for further proceedings.

         In its 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 follows:[2]

[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On May 18, 2007, a VOP hearing was held, probation/parole was revoked, and [Appellant] was sentenced to 6 to 23 months' incarceration followed by 3 years' probation.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23 months' house arrest and a concurrent term of 72 months' reporting probation (CP-51-CR-0009983-2009); his probation was revoked on CP-51-CR-0403921-2003, and he was given a concurrent term of 6 years' probation for his violation.
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) was imposed.
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 review.

         On 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.[3] 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.

         On 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 ...


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