Com. v. Culbert, S. ( 2019 )

J-S52012-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
STACEY CULBERT :
:
Appellant : No. 3392 EDA 2018
Appeal from the PCRA Order Entered October 18, 2018
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0500381-1998,
MC-51-CR-0447551-1998
BEFORE: OTT, J., KUNSELMAN, J., and McLAUGHLIN, J.
CONCURRING MEMORANDUM BY KUNSELMAN, J.:
FILED DECEMBER 2, 2019
Because we are bound by this Court’s decision in Commonwealth v.
Jackson, 30 A.3d 516 (Pa. Super. 2011), I join in the majority decision.
Nonetheless, I believe that requiring Culbert to serve a sentence potentially
20 years beyond the maximum allowed by law, solely because he did not
discover the error within one year of the date his sentence became final,
constitutes a manifest miscarriage of justice. I therefore write separately to
encourage our Supreme Court and/or our General Assembly to examine this
issue and allow for courts to correct at any time a sentence that patently
exceeds the maximum allowed by law.
Judge McLaughlin joins the concurring memorandum.