DocketNumber： 3392 EDA 2018
Filed Date： 12/2/2019
Status： Precedential
Modified Date： 12/2/2019
J-S52012-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : STACEY CULBERT : : Appellant : No. 3392 EDA 2018 Appeal from the PCRA Order Entered October 18, 2018 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0500381-1998, MC-51-CR-0447551-1998 BEFORE: OTT, J., KUNSELMAN, J., and McLAUGHLIN, J. CONCURRING MEMORANDUM BY KUNSELMAN, J.: FILED DECEMBER 2, 2019 Because we are bound by this Court’s decision in Commonwealth v. Jackson,30 A.3d 516
(Pa. Super. 2011), I join in the majority decision. Nonetheless, I believe that requiring Culbert to serve a sentence potentially 20 years beyond the maximum allowed by law, solely because he did not discover the error within one year of the date his sentence became final, constitutes a manifest miscarriage of justice. I therefore write separately to encourage our Supreme Court and/or our General Assembly to examine this issue and allow for courts to correct at any time a sentence that patently exceeds the maximum allowed by law. Judge McLaughlin joins the concurring memorandum.