Com. v. Boyd, W. (judgment order)
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J-S34035-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. WILLIAM RICKY BOYD Appellant No. 1826 WDA 2013 Appeal from the PCRA Order November 4, 2013 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0002209-1993; CP-02-CR-0002211-1993 BEFORE: GANTMAN, P.J., BENDER, P.J.E., and OTT, J. JUDGMENT ORDER BY GANTMAN, P.J.: FILED JUNE 23, 2014 Appellant, William Ricky Boyd, appeals from the order entered in the Allegheny County Court of Common Pleas, denying as untimely his serial petition brou Pa.C.S.A. §§ 9541-9546. In January 1991, Appellant shot several individuals associated with a rival gang. On April 26, 1994, a jury convicted Appellant of four (4) counts of aggravated assault and related conspiracy and weapons offenses. The court sentenced Appellant on June 29, 1994, to Appellant filed a petition for allowance of appeal with our Supreme Court, which was denied on January 15, 1997. See Commonwealth v. Boyd, 689 J-S34035-14 A.2d 230 (Pa.Super. 1996), appeal denied, 547 Pa. 723, 689 A.2d 230 (1997). On March 27, 1997, Appellant filed his first PCRA petition. PCRA court denied relief, and this Court affirmed. The Appellant subsequently filed several PCRA petitions, all of which were denied. Appellant filed his current PCRA petition pro se on June 18, 2013. On September 19, 2013, the PCRA court issued a hearing, pursuant to Pa.R.Crim.P. 907. Appellant filed a pro se response on October 1, 2013. On November 4, 2013, the PCRA court denied led a pro se notice of appeal on November 15, 2013. A review of the record reveals the PCRA court did not order a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and Appellant filed none. The timeliness of a PCRA petition is a jurisdictional requisite. Commonwealth v. Hackett, 598 Pa. 350, 956 A.2d 978 (2008). Id. at 359, 956 A.2d at 983. Under the amended PCRA, effective 1/16/96, a PCRA petition must be filed within one year of the date the underlying judgment becomes final. 42 Pa.C.S.A. § 9545(b)(1). A ew, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking -2- J-S34035-14 Instantly, Appellant filed his current PCRA petition on June 18, 2013, more than sixteen (16) years after his judgment of sentence became final on or about April 15, 1997. Further, the one-year grace period provided in the regardless of when the firs Commonwealth v. Fairiror, 809 A.2d 396, 398 (Pa.Super. 2002), appeal denied, 573 Pa. 703, establish any cognizable exceptions to the PCRA timeliness requirements. See 42 Pa.C.S.A. § 9545(b)(1) (providing three exceptions to one-year time petition. Order affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 6/23/2014 -3-
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