from the PCRA Order January 22, 2018 In the Court of Common
Pleas of Philadelphia County Criminal Division at No(s):
BEFORE: BENDER, P.J.E., GANTMAN, P.J.E., and COLINS [*] , J.
Pieattro Shaw, appeals from the order entered in the
Philadelphia County Court of Common Pleas, which dismissed as
untimely his first petition filed under the Post Conviction
Relief Act ("PCRA"). We affirm.
Court has previously set forth the relevant facts of this
case as follows:
On July 13, 2004, [Appellant] entered the home of Darlene
Peck ["Ms. Peck"] at 5121 Locust Street in
Philadelphia without permission. The record in the trial
court established that [Appellant] held Ms. Peck down and
tried to kiss her and then fled the scene. [Appellant] and
Ms. Peck were involved romantically two years prior to this
altercation. Several weeks leading up to this incident,
[Appellant] saw Ms. Peck in public. She was eight months
pregnant at the time, which upset him.
The next day, on July 14, 2004, [Appellant] again entered Ms.
Peck's residence without permission. [Victim], Ms.
Peck's live-in boyfriend and father of her then two-week
old child, told [Appellant] to leave. As [Victim] escorted
[Appellant] out of the house, [Appellant] withdrew a .380
caliber handgun and fired once striking [Victim] in the head.
[Victim] lost consciousness.
Police were summoned to the scene and Ms. Peck gave them a
description of [Appellant's] car. A car matching Ms.
Peck's description was located heading back toward the
residence. Police ordered [Appellant] to pull over and he was
apprehended. They recovered a .380 caliber handgun from
[Appellant's] waistband. One spent cartridge casing and
two live rounds of .380 caliber ammunition were recovered at
[Victim] never regained consciousness and died several days
later on July 17, 2004. The coroner determined the cause of
death was the gunshot wound to the right parietal lobe from a
.380 caliber bullet recovered during the autopsy.
Commonwealth v. Shaw, 2470 EDA 2006, at 2-3
(Pa.Super. filed April 7, 2008) (unpublished memorandum).
Commonwealth charged Appellant with murder generally,
burglary, firearms not to be carried without a license, and
related offenses. Appellant proceeded to a bench trial on
June 13, 2006. Appellant underwent a psychiatric evaluation
prior to trial and was deemed competent to stand trial. At
trial, Appellant presented expert testimony to support his
claim that he lacked the requisite intent to commit
first-degree murder due to his history of mental illness. The
Commonwealth presented its own expert to rebut
Appellant's claim. On June 15, 2006, the court convicted
Appellant of third-degree murder, burglary, firearms not to
be carried without a license, and possessing instruments of
crime. The court sentenced Appellant that day to an aggregate
term of 36 to 72 years' imprisonment. This Court affirmed
the judgment of sentence on April 7, 2008, and our Supreme
Court denied allowance of appeal on July 30, 2008.
Commonwealth v. Shaw, 953 A.2d 839 (Pa.Super. 2008),
appeal denied, 598 Pa. 766, 956 A.2d 434 (2008).
16, 2015, Appellant filed pro se a first PCRA
petition. Appellant subsequently filed pro se two
supplemental PCRA petitions. The court appointed counsel, who
filed a petition to withdraw and a
Turner/Finley "no-merit" letter on
December 22, 2016. On April 27, 2017, the court issued notice
of its intent to dismiss the petition without a hearing per
Pa.R.Crim.P. 907. At a hearing before the court on June 1,
2017, when the court was prepared to dismiss the petition
formally, Appellant's brother appeared on Appellant's
behalf and asked the court for an extension of time for
Appellant to file a response to counsel's
Turner/Finley "no-merit letter."
Appellant's brother also asked the court to appoint new
PCRA counsel for Appellant, alleging that Appellant cannot
read or write. Appellant's brother suggested that others
had helped Appellant draft his earlier pro se
filings. The court granted the request, let original PCRA
counsel withdraw, and appointed new PCRA counsel to review
all filings including original PCRA counsel's
25, 2017, second PCRA counsel filed a petition to withdraw
and a Turner/Finley "no-merit"
letter. Appellant responded pro se on August 15,
2017. The court issued Rule 907 notice for a second time on
December 4, 2017, and formally dismissed the petition as
untimely on January 22, 2018, and let second PCRA counsel
withdraw. Appellant timely filed a pro se notice of
appeal on February 20, 2018. On March 8, 2018, the court
ordered Appellant to file a concise statement of errors
complained of on appeal pursuant to Pa.R.A.P. 1925(b).
Appellant's brother subsequently filed a Rule 1925(b)
statement on Appellant's behalf, which the court
rejected. On June 8, 2018, the court appointed ...