Com. v. Wright, J. (judgment order)
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J-S34036-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. JERMANE EUGENE WRIGHT Appellant No. 1846 WDA 2013 Appeal from the PCRA Order September 30, 2013 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0014434-2006 BEFORE: GANTMAN, P.J., BENDER, P.J.E., and OTT, J. JUDGMENT ORDER BY GANTMAN, P.J.: FILED JUNE 27, 2014 Appellant, Jermane Eugene Wright, appeals from the order entered in the Allegheny County Court of Common Pleas, denying as untimely his first petition filed per the Pos 9541-9546. On May 13, 2006, Appellant fled from the police following a Appellant entered a negotiated guilty plea on January 12, 2009, to persons not to possess a firearm, disarming a law enforcement officer, and other related offenses. That same day, the court sentenced Appellant to four (4) sentenc Appellant did not file a direct appeal. On March 19, 2013, Appellant filed a pro se PCRA petition. The PCRA court appointed counsel on April 5, 2013, J-S34036-14 and counsel filed a Turner/Finley1 - withdraw on August 28, 2013. On September 9, 2013, the PCRA court pursuant to Pa.R.Crim.P. 907. Appellant filed a pro se response on September 24, 2013, and the PCRA court denied the petition on October 2, 2013. On October 30, 2013, Appellant timely filed a pro se notice of appeal, and the PCRA court appointed counsel on December 12, 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 discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking ____________________________________________ 1 Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). -2- J-S34036-14 Instantly, Appellant filed his PCRA petition on March 19, 2013, more than four (4) years after his judgment of sentence became final, on or about February 11, 2009. Additionally, any cognizable exceptions to the PCRA timeliness requirements. See 42 Pa.C.S.A. § 9545(b)(1) (providing three exceptions to one-year time limit ition. Order affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 06/27/2014 -3-
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