Com. v. Bebout, R. ( 2014 )

J-S53041-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ROBERT BEBOUT,
Appellant No. 689 WDA 2014
Appeal from the PCRA Order April 21, 2014
in the Court of Common Pleas of Allegheny County
Criminal Division at No.: CP-02-CR-0003509-1981
BEFORE: DONOHUE, J., OLSON, J., and PLATT, J.*
JUDGMENT ORDER BY PLATT, J.: FILED SEPTEMBER 30, 2014
Appellant, Robert Bebout, appeals from the denial of his fifth Post
Conviction Relief Act (PCRA) petition. See 42 Pa.C.S.A. §§ 9541 9546. A
jury convicted him of second degree murder for his admitted strangulation
and beating of a seven year-old boy after Appellant, then fifteen, had anally
raped him. (See N.T. Trial, 4/05/82, at 219). He claims relief under Miller
v. Alabama, 132 S. Ct. 2455 (2012).1 Commonwealth v. Cunningham,
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
1
Miller, supra y life without parole for those under the
Id. at 2460.
J-S53041-14
81 A.3d 1 (Pa. 2013), cert. denied, 134 S. Ct. 2724 (2014), held that Miller
does not apply retroactively in Pennsylvania. We affirm.
The court properly denied relief.2 Cunningham controls.3, 4
And we
have already rejected the argument, asserted here alternatively, (see
-20), that the habeas corpus statute combined with
various constitutional provisions, permit review. See Commonwealth v.
Seskey, 86 A.3d 237, 244 (Pa. Super. 20
court should have allowed him to amend his PCRA petition to seek habeas
corpus relief, conceded to be outside the scope of the PCRA, (see
untimely, with no applicable exception for a retroactive constitutional right.
See 42 Pa.C.S.A. § 9545(b)(1)(iii).
Order affirmed.
____________________________________________
2
-conviction relief is
limit
Commonwealth v. Johnson,
945 A.2d 185, 188 (Pa. Super. 2008), appeal denied, 956 A.2d 433 (Pa.
2008) (citation omitted).
3
Miller's
proscription of the imposition of mandatory life-without-parole sentences
upon offenders under the age of eighteen at the time their crimes were
committed must be extended to those whose judgments of sentence were
final as of the time of Miller's announcem Cunningham, supra at 11.
4
The argument that the PCRA court should have stayed proceedings until
the Unites States Supreme Court ruled on Cunningham, (see
Brief, at 16), is moot. The Supreme Court denied certiorari on June 9, 2014.
-2-
J-S53041-14
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/30/2014
-3-