Com. v. Cooke, J.
575 MDA 2016
Pa. Super. Ct.Nov 14, 2016Background
- John Cooke pleaded guilty in 1999 to multiple offenses and was sentenced to 9–20 years’ imprisonment.
- Direct appeal process and multiple post-conviction filings followed; his judgment of sentence became final on July 18, 2006 after the Pennsylvania Supreme Court denied review.
- Cooke filed the instant pro se PCRA petition on August 11, 2015 seeking relief based on Alleyne v. United States (challenging the legality of his sentence).
- PCRA counsel submitted a Turner/Finley letter; the PCRA court issued Rule 907 notice and dismissed the petition on March 11, 2016 as untimely without a hearing.
- Cooke argued that Montgomery v. Louisiana required retroactive application of Alleyne; the Commonwealth and the courts treated the petition as time-barred under 42 Pa.C.S. § 9545.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cooke's 2015 PCRA petition is timely under 42 Pa.C.S. § 9545 | Alleyne rendered his sentence illegal; Montgomery makes Alleyne retroactive, so the § 9545(b)(1)(iii) exception applies | Alleyne has not been held retroactive for collateral review; Montgomery does not render Alleyne retroactive; therefore the petition is untimely | Petition is untimely; no applicable statutory exception; dismissal affirmed |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (held that facts increasing mandatory minimums must be submitted to jury)
- Montgomery v. Louisiana, 136 S. Ct. 718 (U.S. 2016) (addressed retroactivity of Miller v. Alabama regarding juvenile mandatory life sentences)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Pennsylvania Supreme Court held Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Fahy, 737 A.2d 214 (Pa. 1999) (illegality of sentence does not excuse PCRA timeliness requirements)
- Commonwealth v. Hutchins, 760 A.2d 50 (Pa. Super. 2000) (PCRA court lacks jurisdiction to hear untimely petitions)