Com. v. Dandar, R. ( 2017 )


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  • J-S75021-17
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COMMONWEALTH OF PENNSYLVANIA                   :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    :
    v.                             :
    :
    :
    RONALD G. DANDAR                           :
    :
    Appellant               :   No. 544 WDA 2017
    Appeal from the PCRA Order March 27, 2017
    In the Court of Common Pleas of Crawford County
    Criminal Division at No(s): No(s): No. CR 349-1976,
    No. CR 394-1976
    BEFORE: SHOGAN, J., OTT, J., and MUSMANNO, J.
    JUDGMENT ORDER BY OTT, J.:                           FILED DECEMBER 01, 2017
    Ronald D. Dandar appeals pro se1 from the order entered March 27,
    2017, in the Court of Common Pleas of Crawford County, denying him relief
    on his serial petition filed pursuant to the Post Conviction Relief Act (PCRA),
    42 Pa.C.S. § 9541 et seq. Because Dandar is no longer serving a sentence
    associated with the underlying conviction, he is no longer eligible for PCRA
    relief. Accordingly, we affirm.
    On November 11, 1976, Dandar was convicted by a jury of two counts
    of theft by deception and sentenced on January 18, 1977, to two concurrent
    ____________________________________________
    1 The PCRA court appointed counsel, who filed a no-merit letter. See
    Commonwealth v. Turner, 
    544 A.2d 927
    (Pa. 1988); Commonwealth v.
    Finley, 
    50 A.2d 213
    (Pa. Super. 1988) (en banc). The PCRA court granted
    appointed counsel’s motion to withdraw from representation.
    J-S75021-17
    one and one-half to five years terms of imprisonment. On appeal, this Court
    affirmed the judgment of sentence. Commonwealth v. Dandar, 
    408 A.2d 534
    (Pa. Super. 1979) (unpublished memorandum). Dandar was unsuccessful
    in his first attempt to obtain collateral relief from the judgment of sentence
    under the Post Conviction Hearing Act (PCHA), the predecessor to the PCRA.
    See Commonwealth v. Dandar, 
    454 A.2d 641
    (Pa. Super. 1983). In 1997,
    this Court affirmed the denial of his pro se PCRA petition, finding Dandar “was
    sentenced to two concurrent one and one-half (1½) to five (5) year sentences
    in 1978, and he is no longer serving a sentence of imprisonment, probation
    or    parole   for   the   theft   charges    relating     to   the     instant   petition.”
    Commonwealth v. Dandar, 
    704 A.2d 1115
    (Pa. Super. October 29, 1997)
    (unpublished memorandum, at 2).
    The requirements for eligibility for PCRA relief are found at 42 Pa.C.S.
    § 9543:
    (a) General rule.--To be eligible for relief under this subchapter,
    the petitioner must plead and prove by a preponderance of the
    evidence all of the following:
    (1) That the petitioner has been convicted of a crime under
    the laws of this Commonwealth and is at the time relief is
    granted:
    (i) currently serving a sentence of imprisonment,
    probation or parole for the crime;
    42 Pa.C.S. § 9543(a)(1)(i).
    Pursuant to statute, because Dandar is no longer serving a sentence for
    the   underlying     crime,   he   is   ineligible   for   PCRA       relief.     See also
    -2-
    J-S75021-17
    Commonwealth v. Williams, 
    977 A.2d 1174
    (Pa. Super. 2009) (As soon as
    sentence is completed, a petitioner becomes ineligible for PCRA relief
    regardless of collateral consequences of their sentence.)
    As Dandar is as ineligible for PCRA relief now as he was in 1997, when
    we affirmed the dismissal of his PCRA petition based on the fact he was no
    longer serving the underlying sentence, we affirm.
    Order affirmed. Motion for extension of time to file a reply brief and
    application for relief are denied.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 12/1/2017
    -3-
    

Document Info

Docket Number: 544 WDA 2017

Filed Date: 12/1/2017

Precedential Status: Precedential

Modified Date: 12/1/2017