Com. v. Witucki, D.

J. A26028/15
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
v. :
:
DANIEL ROY WITUCKI, : No. 1739 MDA 2014
:
Appellant :
Appeal from the Order Entered September 30, 2014,
in the Court of Common Pleas of Tioga County
Criminal Division at No. 0033-CR-1998
BEFORE: FORD ELLIOTT, P.J.E., WECHT AND PLATT,* JJ.
JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.: FILED NOVEMBER 10, 2015
Appellant appeals the denial of his habeas corpus petition. Appellant
was convicted of first degree murder in June 1998. His direct appeal and his
first and subsequent untimely PCRA petitions were unsuccessful.
The habeas corpus petition challenging the unlawful restraint of his
liberty is based on the absence of a statutory section listed in the sentencing
order. This claim is denied. See Commonwealth v. Stultz, 114 A.3d 865(Pa.Super. 2015) (failure to cite a statute in a sentencing order does not
render a sentence illegal where court has statutory authority to pronounce
sentence).
Appellant additionally makes vague arguments that his life
imprisonment sentence is illegal and violates due process. We grant no
* Retired Senior Judge assigned to the Superior Court.
J. A26028/15
relief. Appellant was procedurally and properly sentenced on the first
degree murder conviction in 1998.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/10/2015
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