Com. v. Burgwin, B., 1850 WDA 2016

Brandon Ray Burgwin was convicted by jury of attempted homicide, aggravated assault, and carrying a firearm without a license; sentence included 20–40 years for attempted murder and a consecutive 5–10 years for the firearm count (firearm conviction later reversed on appeal).
Burgwin did not file a direct appeal after the Superior Court affirmed most convictions; his judgment of sentence became final on June 10, 2010.
Burgwin filed multiple PCRA petitions: a first petition denied and affirmed on appeal (affirmed July 1, 2013), and two subsequent petitions dismissed as untimely prior to the instant filing.
The fourth PCRA petition was docketed August 25, 2016; it did not plead any of the statutory timeliness exceptions to the one-year PCRA time bar.
The PCRA court issued a Pa.R.Crim.P. 907 notice indicating intent to dismiss as untimely; Burgwin responded but did not argue a timeliness exception; the petition was denied November 22, 2016.
Burgwin appealed, raising ineffective assistance of prior PCRA counsel and a Rule 600 (180-day) objection issue, but the Superior Court dismissed the appeal as the petition was jurisdictionally untimely.

Issue	Burgwin's Argument	Commonwealth's Argument	Held
Whether prior PCRA counsel was ineffective for failing to raise a tribunal-jurisdiction claim based on trial counsel’s Rule 600 objections	Burgwin: prior PCRA counsel failed to develop or cite authorities on a Rule 600/tribunal-jurisdiction claim, undermining reliability of conviction	Commonwealth: petition is untimely; merits not reachably because Burgwin did not plead a timeliness exception	Denied on procedural grounds — petition untimely; court did not consider ineffective assistance claim
Whether the PCRA court erred by not adjudicating a trial counsel Rule 600 objection / allowing exhaustion of administrative remedies	Burgwin: court failed to rule on trial counsel’s timely Rule 600 objection and denied opportunity to exhaust remedies	Commonwealth: petition time-barred; merits not reached because no timeliness exception pleaded	Denied — untimely petition; Superior Court lacks jurisdiction to address the merits

Albrecht v. Commonwealth, 994 A.2d 1091 (Pa. 2010) (timeliness of PCRA petition is jurisdictional)
Fowler v. Commonwealth, 930 A.2d 586 (Pa. Super. 2007) (statutory one-year PCRA filing rule and exceptions summarized)
Robinson v. Commonwealth, 139 A.3d 178 (Pa. 2016) (petitioner bears burden to plead and prove a timeliness exception before merits review)