Com. v. Johnson, R. ( 2014 )

J-S54012-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
RODNEY JERMAINE JOHNSON
Appellant No. 79 MDA 2014
Appeal from the PCRA Order December 16, 2013
In the Court of Common Pleas of York County
Criminal Division at No(s): CP-67-CR-0006484-2008
BEFORE: LAZARUS, J., MUNDY, J., and STABILE, J.
MEMORANDUM BY LAZARUS, J. FILED SEPTEMBER 25, 2014
Rodney Jermaine Johnson appeals pro se from the order entered in the
York County Court of Common Pleas, dismissing his serial petition filed
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We affirm.
The trial court set forth the facts and procedural history of this case as
follows:
In the early morning hours of August 10, 2008, [Johnson] went
to the home of his estranged wife, Barbara Friday, and initiated
a harrowing physical and sexual assault upon her, while their
three children were in the house, that lasted several hours
through the night and into the next morning. At the time, an
protect Friday from [Johnson]. [Johnson] informed Friday that if
she did not do what he wanted, that he would hurt her and their
children, asleep upstairs.
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42 Pa.C.S. §§ 9541-9546.
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After several incidents of sexual abuse in the living room of her
home, [Johnson] forced Friday into the basement where he
again forced himself on her, yelling at her, and punching her
about the head. At some point, [Johnson] attempted to stab
Friday in the chest, but she was able to move and the blade
went into [her] left shoulder. Another sexual assault followed
the stabbing, and only after Friday was able to find her ACCESS
911-cellphone and charge its dead battery, was she finally able
to contact police and end her ordeal; the police arrived at the
residence around 10:00 a.m. When the police arrived, they had
to make a forcible entry into the home because [Johnson]
refused to allow them to enter; Friday was so desperate to get
her children away from [Johnson] that she handed them out the
window to the police, to safety. The police took [Johnson] into
custody.
Trial Court Opinion, 2/19/10, at 2-3.
Following a jury trial on May 11, 12, and 13, 2009, a jury convicted
Johnson of two counts of rape, two counts of indecent deviate sexual
aggravated assault (attempting to cause serious bodily injury), and one
count of simple assault. The trial court sentenced Johnson on August 26,
series of post-sentence motions, which the trial court denied.
Johnson filed a timely appeal to this Court, and we affirmed his
judgment of sentence on September 22, 2010. Commonwealth v.
Johnson, 13 A.3d 991 (Pa. Super. 2010) (unpublished memorandum).
Johnson sought allowance of appeal in the Pennsylvania Supreme Court, but
his request was denied on March 1, 2011. Because Johnson did not file for
certiorari from the United States Supreme Court, his sentence became final
on May 30, 2011, ninety days after the deadline to seek a writ of certiorari.
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See 42 Pa.C.S. § 9545(b)(3) (judgment deemed final at conclusion of direct
review or at expiration of time for seeking review).
Johnson filed the instant pro se PCRA petition, his third, on November
See 42 Pa.C.S. §
9545(b)(1) (PCRA petition must be filed within one year of date of
underlying judgment becoming final). Moreover, Johnson fails to establish
one of the cognizable exceptions to the PCRA timeliness requirements in his
petition. See 42 Pa.C.S. § 9545(b)(1) (providing three exceptions to one-
year time limit under PCRA). Accordingly, we lack jurisdiction to review the
See Commonwealth v. Hackett, 956 A.2d
978 (Pa. 2008) (timeliness of a PCRA petition is a jurisdictional requisite).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/25/2014
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