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Commonwealth v. Pew

Superior Court of Pennsylvania

June 4, 2018

COMMONWEALTH OF PENNSYLVANIA
v.
ALFONSO PERCY PEW Appellant

          Appeal from the PCRA Order June 8, 2017 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0729371-1991

          BEFORE: PANELLA, J., MURRAY, J., and STEVENS [*] , P.J.E.

          OPINION

          STEVENS, P.J.E.

         Appellant Alfonso Percy Pew appeals pro se from the Order entered in the Court of Common Pleas of Philadelphia County on June 8, 2017, denying as untimely his serial petition filed pursuant to the Post Conviction Relief Act.[1] We affirm.

         A panel of this Court previously set forth the relevant facts and procedural history on appeal from the Order entered on October 16, 1995, denying Appellant's first PCRA petition as follows:

Appellant participated in a plot with Darrin Wilder and Sean Simpson to rob William Robinson, a drug dealer who was undercutting Wilder's drug sales. On March 16, 1991, [A]ppellant picked up Wilder at his apartment, and both met Simpson in the area. Wilder told Simpson they planned to rob and, if necessary, kill Robinson; Simpson agreed to assist them.
Later that afternoon, Simpson lured Robinson into an alley near the house of Simpson's girlfriend, Geraldine Oakes. Appellant and Wilder, who was masked and brandishing a gun, appeared in the alley and demanded money from Robinson. Appellant grabbed Robinson and held him, while Wilder hit him with the gun. When Robinson struggled free and jumped onto the porch of the Oakes' house, [A]ppellant and Wilder followed. Robinson tried to open the door but Ms. Oakes and Belinda Franklin held it shut. Wilder shot Robinson in the back, and as Robinson stumbled into the house, staggered up the stairs, collapsed and died, [A]ppellant and Wilder pushed their way inside. Wilder demanded money of the occupants, struck Ms. Franklin on the head with his gun, and fled with [A]ppellant.
Appellant and Simpson were brought to trial together; Darrin Wilder remained a fugitive. During jury selection, Simpson pled guilty to third degree murder and robbery. A new jury panel was seated and, at [A]ppellant's separate trial, Simpson testified as a Commonwealth witness. After the jury convicted [A]ppellant of second degree murder, robbery, burglary, possession of an instrument of crime, and violations of the Uniform Firearms Act, the court imposed a sentence of life imprisonment for the murder conviction. The court denied [A]ppellant's post-verdict motions and imposed a concurrent five to ten year prison sentence for robbery. This [C]ourt affirmed the judgment of sentence on August 20, 1993.
On September 16, 1993, [A]ppellant filed a pro se PCRA petition. Present counsel was appointed to represent [A]ppellant and filed an amended petition. After two hearings, the court denied PCRA relief on October 16, 1995. This appeal follows.

Commonwealth v. Pew, No. 3676 Philadelphia 1995, unpublished memorandum at 1-2 (unnumbered) (Pa.Super. filed Oct. 28, 1996). On June 25, 1997, the Pennsylvania Supreme Court denied Appellant's petition for allowance of appeal. Commonwealth v. Pew, 548 Pa. 657, 698 A.2d 66 (1997).

         Between 2001 and 2010, Appellant filed numerous PCRA petitions pro se, and each of them was denied. Appellant filed the instant petition, his fifth, on February 17, 2016, and additional supplemental filings followed. Following its consideration of Appellant's petition and ancillary documents, the PCRA court notified Appellant of its intent to dismiss the PCRA petition without a hearing pursuant to Pa.R.Crim.P 907 on March 6, 2017. Appellant filed a response to the Rule 907 notice on March 20, 2017, and on June 8, 2017, the PCRA court dismissed Appellant's petition as untimely. This timely appeal followed on June 14, 2017.

         In his brief, Appellant presents the following question for our review:

Whether fraud in sentencing under 42 Pa.C.S. § 5505 Commonwealth v. Holmes 593 Pa. 601, 933 A.2d 57 (2007) gives the common pleas court jurisdiction to correct ...

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