Com. v. Coleman, S. ( 2016 )

J-S86044-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
SHERMAN COLEMAN
Appellant No. 1214 WDA 2016
Appeal from the Order July 19, 2016
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0000275-1988;
CP-02-CR-0000279-1988; CP-02-CR-0000281-1988
BEFORE: GANTMAN, P.J., MOULTON, J., and STEVENS, P.J.E.*
JUDGMENT ORDER BY GANTMAN, P.J.: FILED DECEMBER 21, 2016
Appellant, Sherman Coleman, appeals pro se from the order entered in
the Allegheny County Court of Common Pleas, which denied his motion to
supplement/correct the record on appeal at No. 40 WDA 2016. In May
1988, two jury trials resulted in Appellant’s conviction of multiple counts of
robbery and related offenses. The court sentenced Appellant to an
aggregate term of 30-60 years’ imprisonment on September 13, 1988. This
Court affirmed the judgment of sentence on November 24, 1989, and
Appellant did not seek further review with our Supreme Court. Between
1991 and 2012, Appellant filed eleven unsuccessful PCRA petitions. On
January 13, 2015, Appellant filed a petition for expungement, which asked
the court to release Appellant from custody because the certified record
_____________________________
*Former Justice specially assigned to the Superior Court.
J-S86044-16
lacked a valid sentencing order. The court denied the petition on January
15, 2015, and Appellant timely filed a notice of appeal on February 12,
2015. On August 31, 2015, this Court affirmed. That same day, the
Department of Court Records sent Appellant a copy of the September 13,
1988 sentencing order. Despite receipt of the sentencing order, Appellant
filed a motion on October 1, 2015, to compel the production of a valid
sentencing order, which the court denied on December 22, 2015. On
January 7, 2016, Appellant timely filed a notice of appeal.1
On April 1, 2016, Appellant filed a motion in the trial court to
supplement/correct the record on appeal. Appellant subsequently filed a
motion in this Court, which asked this Court to compel the trial court to
dispose of the motion. This Court granted the motion on July 6, 2016, and
the trial court denied Appellant’s motion to supplement/correct the record on
July 21, 2016. On August 3, 2016, Appellant timely filed the instant notice
of appeal from the denial of his motion to supplement/correct the record.
No Rule 1925(b) concise statement was ordered or filed.
As a preliminary matter, Appellant’s current challenge to the validity of
the sentencing order in the certified record and request for the production of
a valid sentencing order are identical to claims Appellant previously raised
on several prior occasions. Specifically, Appellant raised this challenge in his
____________________________________________
1
This appeal is currently pending before another panel of this Court at
docket No. 40 WDA 2016.
-2-
J-S86044-16
appeals from the denial of his January 13, 2015 petition for expungement
and the denial of his October 1, 2015 motion to compel. Significantly, this
Court affirmed the denial of Appellant’s January 13, 2015 petition for
expungement on August 31, 2015. In its disposition, this Court noted the
presence of a valid sentencing order in the certified record as well as the
entry of the sentencing order in the trial court’s criminal docket.
Importantly, this Court similarly rejected Appellant’s sentencing order
challenge when it affirmed: (1) the denial of Appellant’s petition to review
the denial of a private criminal complaint; and (2) the dismissal of
Appellant’s petition for writ of habeas corpus. See Coleman v. SCI-Albion,
121 A.3d 1144 (Pa.Super. 2015), appeal denied, ___ Pa. ___, 124 A.3d 308(2015); Coleman v. Giroux, 125 A.3d 437 (Pa.Super. 2015), appeal
denied, ___ Pa. ___, 130 A.3d 1285 (2016). Both dispositions also
acknowledged the existence of a valid sentencing order. Thus, this Court
has previously disposed of the claim now pending in this appeal.
Moreover, a review of the certified record belies Appellant’s assertion
that no valid sentencing order exists. The record contains the September
13, 1988 sentencing order. Additionally, the trial court’s criminal docket
entries reveal that the court entered the sentencing order in the criminal
docket on September 13, 1988. Further, the record also includes the August
31, 2015 letter from the Department of Records to Appellant, which attaches
the valid September 13, 1988 sentencing order. Because the court has
-3-
J-S86044-16
already provided Appellant with a copy of the valid sentencing order, the
certified record contains the valid sentencing order, and this Court has
disposed of Appellant’s sentencing order challenge on several previous
occasions, Appellant’s claim is now moot. See In re 2014 Allegheny Cty.
Investigating Grand Jury, ___ A.3d ___, 2016 PA Super 188 (filed August
25, 2016) (explaining appeal is moot when party appealing has already
obtained requested documents as no actual case or controversy exists).
Accordingly, we dismiss the appeal as moot.
Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/21/2016
-4-