Com. v. Haley, M. ( 2015 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
MICHAEL LEON HALEY SR.
Appellant No. 3522 EDA 2014
Appeal from the PCRA Order October 20, 2014
In the Court of Common Pleas of Lehigh County
Criminal Division at No(s): CP-39-CR-0002297-2004;
CP-39-CR-0002527-2004
BEFORE: GANTMAN, P.J., PANELLA, J., and OLSON, J.
JUDGMENT ORDER BY GANTMAN, P.J.: FILED JULY 21, 2015
Appellant, Michael Leon Haley Sr., appeals from the order entered in
the Lehigh County Court of Common Pleas, which dismissed his second
petition filed under the Post Conviction Relief Act (“PCRA”).1 We affirm.
Following a jury trial, Appellant was convicted of attempted criminal
homicide, aggravated assault, recklessly endangering another person,
terroristic threats, theft by unlawful taking, and unauthorized use of
automobiles and other vehicles. On April 8, 2005, the court sentenced
Appellant to an aggregate term of twenty-five (25) to fifty (50) years’
imprisonment. This Court affirmed the judgment of sentence on September
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42 Pa.C.S.A. §§ 9541-9546.
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15, 2006. See Commonwealth v. Haley, 911 A.2d 180 (Pa.Super. 2006)
(unpublished memorandum). Appellant did not seek further direct review.
On May 22, 2007, Appellant filed his first PCRA petition, which the court
denied on June 26, 2009. This Court affirmed on May 4, 2010. See
Commonwealth v. Haley, 996 A.2d 542 (Pa.Super. 2010) (unpublished
memorandum). Appellant filed the current PCRA petition on August 1, 2014.
On September 8, 2014, the PCRA court issued Pa.R.Crim.P. 907 notice;
Appellant filed a response on September 29, 2014. On October 20, 2014,
the court dismissed Appellant’s petition as untimely. Appellant filed a timely
notice of appeal on November 14, 2014. The court ordered Appellant to file
a concise statement of errors complained of on appeal pursuant to Pa.R.A.P.
1925(b), and Appellant timely complied.
The timeliness of a PCRA petition is a jurisdictional requisite.
Commonwealth v. Hackett, 598 Pa. 350, 956 A.2d 978 (2008). 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 judgment is deemed final at
the conclusion of direct review or at the expiration of time for seeking
review. 42 Pa.C.S.A. § 9545(b)(3). The three statutory exceptions to the
PCRA’s timeliness provisions allow for very limited circumstances under
which the late filing of a petition will be excused. See 42 Pa.C.S.A. §
9545(b)(1). A petitioner asserting a timeliness exception must file a petition
within 60 days of the date the claim could have been presented. 42
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Pa.C.S.A. § 9545(b)(2).
Instantly, although styled as a “habeas corpus petition,” Appellant’s
claims are cognizable under the PCRA. See Commonwealth v. Concordia,
97 A.3d 366 (Pa.Super. 2014) (stating challenge to legality of sentence is
cognizable under PCRA). Therefore, the PCRA court properly treated
Appellant’s petition as a serial PCRA petition subject to the PCRA’s time
restrictions. See 42 Pa.C.S.A. § 9542 (stating PCRA shall be sole means of
obtaining collateral relief and encompasses all other common law and
statutory remedies for same purpose); Commonwealth v. Deaner, 779
A.2d 578 (Pa.Super. 2001) (stating any collateral petition raising issues with
respect to remedies offered under PCRA will be considered PCRA petition).
Appellant’s judgment of sentence became final on October 15, 2006, upon
expiration of the time to file a petition for allowance of appeal with our
Supreme Court. See Pa.R.A.P. 1113(a). Appellant filed the current PCRA
petition on August 1, 2014, more than seven years after his judgment of
sentence became final. Thus, Appellant’s petition is patently untimely. See
42 Pa.C.S.A. § 9545(b)(1). Appellant made no attempt to plead and prove
any exception to the PCRA’s time restrictions under Section 9545(b)(1).
Thus, the court properly dismissed the petition as time-barred.
Order affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/21/2015
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