Com. v. Anderson, R. ( 2014 )

J-A31010-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
RYAN LYNN ANDERSON,
Appellant No. 255 MDA 2014
Appeal from the Order Entered February 4, 2014
In the Court of Common Pleas of York County
Criminal Division at No(s): CP-67-CR-0003450-2007
BEFORE: BOWES, OTT, and STABILE, JJ.
JUDGMENT ORDER BY BOWES, J.: FILED OCTOBER 02, 2014
Ryan Lynn Anderson appeals from the order denying his fifth motion
for a new trial. We affirm.
Appellant was convicted of driving under the influence of alcohol and
was sentenced on October 24, 2007 to 48 hours to six months
imprisonment. On November 7, 2008, we affirmed, and addressed the
merits of four issues. Commonwealth v. Anderson, 964 A.2d 933(Pa.Super. 2008) (unpublished memorandum). Appellant then filed four pro
se motions for a new trial, which were denied. He appealed the denial of his
second, third, and fourth requests for a new trial. We affirmed in each
instance. We concluded that the motions had to be treated as PCRA
petitions, and ruled that Appellant was ineligible for PCRA relief since he had
completed his sentence on December 1, 2009. Commonwealth v.
J-A31010-14
Anderson, 37 A.3d 1245 (Pa.Super. 2011) (unpublished memorandum);
Commonwealth v. Anderson, 64 A.3d 22 (Pa.Super. 2012) (unpublished
memorandum); Commonwealth v. Anderson, 93 A.3d 514 (Pa.Super.
2013) (unpublished memorandum); see 42 Pa.C.S. § 9543(a)(1)(i) (to be
eligible for PCRA relief, a defendant must be serving a sentence of
imprisonment, parole, or probation).
Appellant filed a fifth motion for new trial on January 9, 2014; it was
denied on January 29, 2014; this appeal followed. As outlined in our last
three memoranda, Appellant is no longer serving a sentence, and the denial
of his motion for a new trial, which is considered a PCRA petition, was proper
under the PCRA.
Appellant has also filed with this Court an application to file an appeal
nunc pro tunc. This request must be treated as a PCRA petition and
analyzed under the strictures of the PCRA. Commonwealth v. Fairiror,
809 A.2d 396 (Pa.Super. 2002). Since Appellant is not eligible for PCRA
relief, this request also must be denied.
Application for Permission to Appeal Nunc Pro Tunc denied.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/2/2014
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