Com. v. Crosley, J.

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JERMAINE DALTON CROSLEY :
:
Appellant : No. 883 EDA 2021
Appeal from the PCRA Order Entered April 7, 2021,
in the Court of Common Pleas of Delaware County,
Criminal Division at No(s): CP-23-CR-0002462-2016.
BEFORE: KUNSELMAN, J., McLAUGHLIN, J., and KING, J.
JUDGMENT ORDER BY KUNSELMAN, J.: FILED MARCH 14, 2022
Jermaine Dalton Crosley appeals pro se from the order of the court
below denying his first petition for relief pursuant to the Post Conviction Relief
Act (“PCRA”). 42 Pa.C.S.A. §§ 9541-46. We affirm.
The pertinent facts and procedural history may be summarized as
follows: On April 6, 2017, Crosley was convicted after a bench trial of first-
degree murder and a firearm violation. On May 23, 2017, the trial court
sentenced him “to an aggregate sentence of 120 to 300 months’ incarceration
with a 14-year probationary tail[.]” Commonwealth v. Crosley, 180 A.3d
761, 763 (Pa. Super. 2018). Crosley appealed, and on February 28, 2018, we
affirmed his judgment of sentence. Id. On October 3, 2018, our Supreme
Court denied Crosley’s petition for allowance of appeal. Commonwealth v.
Crosley, 195 A.3d 166 (Pa. 2018).
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On April 9, 2019, Crosley filed a pro se PCRA petition, and the PCRA
court appointed counsel. On March 4, 2021, after being granted several time
extensions, PCRA counsel filed a motion to withdraw and a “no-merit” letter
pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and
Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). On
March 9, 2021, the PCRA court issued a Pa.R.Crim.P. 907 notice of its intent
to dismiss Crosley’s PCRA petition without a hearing. The court also granted
PCRA counsel’s motion to withdraw. Crosley did not file a response. By order
entered April 7, 2021, the PCRA court denied Crosley’s petition. This appeal
followed.
Crosley raises the following issues on appeal:
1. Did the PCRA court err in concluding that [Crosley’s]
PCRA petition has no arguable merit?
A. He does not speak English, but a broken English called
Patwa (Jamaican).
B. [Crosley] was indeed defending himself from a gun
wielding attacker.
Crosley’s Brief at 7.
Before addressing these issues, we must first determine if they are
properly preserved for our review. Both the PCRA court and the
Commonwealth contend that these claims are waived because Crosley failed
to file a Pa.R.A.P. 1925(b) statement of errors complained of on appeal. See
PCRA Court Opinion, 8/1/21, at 3; Commonwealth’s Brief at 4-5. Our review
of the record, however, reveals that, on May 4, 2021, the PCRA court ordered
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Crosley to file a Rule 1925(b) statement within twenty-one days, and Crosley
filed a timely statement on May 28, 2021.
On appeal in PCRA proceedings, the Superior Court may affirm a PCRA
court’s decision on any grounds if the record supports it. Commonwealth v.
Benner, 147 A.3d 915, 919 (Pa. Super. 2016) (citation omitted). In his Rule
1925(b) statement, Crosley claimed that trial counsel was ineffective for
failing to raise a “Castle Doctrine” defense,1 and for advising him to proceed
with a bench trial when a “jury of his peers” would have found him “not guilty
based on the legislated Castle Doctrine.” Rule 1925(b) Statement, 5/28/21,
at 1 (emphasis omitted). Clearly, the issues Crosley now raises on appeal
were not raised in his Rule 1925(b) statement. For this reason, we agree with
the PCRA court and the Commonwealth that Crosley’s claims are waived. See
Commonwealth v. Melvin, 103 A.3d 1, 39 (Pa. Super. 2014). Thus, we
affirm the order denying Crosley post-conviction relief.2
Order affirmed.
____________________________________________
1 See 18 Pa.C.S.A. § 505(2.2).
2 In its Rule 1925(a) opinion the PCRA court concluded that a review of
Crosley’s waiver colloquy refutes his claim of a language barrier. See PCRA
Court Opinion, 8/4/21, at 4-5. In addition, Crosley’s self-defense claim was
previously considered as part of Crosley’s direct appeal.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/14/2022
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