Com. v. Wishnefsky, B. (judgment order)

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J.S43034/14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. BRUCE L. WISHNEFSKY, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 490 EDA 2014 Appeal from the PCRA Order December 31, 2013 In the Court of Common Pleas of Carbon County Criminal Division No(s).: CP-13-CR-0000188-1996 BEFORE: GANTMAN, P.J., ALLEN, and FITZGERALD,* JJ. JUDGMENT ORDER BY FITZGERALD, J.: FILED JUNE 30, 2014 Appellant, Bruce L. Wishnefsky, appeals pro se from the order of the Carbon County Court of Common Pleas that dismissed, as untimely, his third Post Conviction Relief Act1 (PCRA) petition challenging his 1998 conviction and sentence to serve forty- * Appellant Former Justice specially assigned to the Superior Court. 1 2 42 Pa.C.S. §§ 9541-9546. 2 -year mandatory minimum sentences for rape based on the ages of the victims. See 42 Pa.C.S. § 9718(a)(1) (subsequently amended Nov. 29, 2006). For the October 16, 2000, when the United States Supreme Court denied his petition for writ of certiorari in his direct appeal, and the mechanical date for filing a facially timely PCRA petition expired one year later. See 42 Pa.C.S. § 9545(b)(1), (3). J. S43034/14 claims he is entitled to a time-bar exception in light of Alleyne v. United States, 133 S. Ct. 2151 (2013).3 Following our review, we discern no basis Alleyne announced a new constitutional procedural rule reasonable doubt, id. at 2163 i.e. there is no indication that Alleyne was intended to apply retroactively. on as dispositive and only add that our review confirms that no appellate court, let alone the United States or Pennsylvania Supreme Court, has held that Alleyne applies retroactively for the purposes of a second or subsequent attempt at collateral review. See, e.g., United States v. Winkelman, 746 F.3d 134, 136 (3d Cir. Alleyne may be Apprendi v. New Jersey, 530 U.S. 466 (2000), is a frivolous attempt to circumvent the Order affirmed. 3 See constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided Commonwealth v. Abdul-Salaam, 812 A.2d 497, 501 (Pa. 2002) (holding -2- J. S43034/14 Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 6/30/2014 -3- Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM Circulated 06/24/2014 02:28 PM

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