from the PCRA Order June 8, 2017 In the Court of Common Pleas
of Philadelphia County Criminal Division at No(s):
BEFORE: PANELLA, J., MURRAY, J., and STEVENS [*] , P.J.E.
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
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
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
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
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
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,
brief, Appellant presents the following question for our
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 ...