Com. v. Feliz, C.
Com. v. Feliz, C. No. 1479 MDA 2016
| Pa. Super. Ct. | May 12, 2017Background
- In 2004 Feliz pled guilty to third-degree murder and firearm offenses (docket 6080-2003) and to receiving stolen property (docket 4900-1999); sentences ran concurrently.
- Feliz fled to Puerto Rico after the shooting, was arrested on federal charges, then extradited to Pennsylvania.
- He appealed the murder/firearm sentence; this Court affirmed in 2005 (Feliz), and he did not seek allowance of appeal to the Pennsylvania Supreme Court.
- The receiving-stolen-property judgment became final March 4, 2004; the murder/firearm judgment became final April 6, 2005.
- In January 2015 Feliz filed a motion for corrected time credit (treated as a PCRA petition) claiming he was entitled to credit for pretrial custody while held on federal charges with a Pennsylvania detainer.
- The PCRA court dismissed the petition as untimely; Feliz appealed pro se and the Superior Court affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Feliz is entitled to pretrial time credit for time in federal custody while a PA detainer existed | Feliz: He should receive credit because PA detainer prevented bail on federal bailable offenses | Commonwealth/PCRA court: Claim challenges legality of sentence but petition is untimely under PCRA | Court: Petition untimely; Feliz failed to invoke any timeliness exception, so court lacked jurisdiction to reach merits |
| Whether the petition met PCRA timeliness exceptions | Feliz: Did not assert any statutory exception | Commonwealth: No exception shown; claim known since sentencing | Held: No exception pleaded or proved; petition untimely |
Key Cases Cited
- Commonwealth v. Davis, 852 A.2d 392 (Pa. Super. 2004) (time-credit claim challenges legality of sentence and is cognizable under the PCRA)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (standards for counsel withdrawal / Turner procedures)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedures for appointed counsel’s no-merit letter and withdrawal)
- Commonwealth v. Ragan, 923 A.2d 1169 (Pa. 2007) (standard of review for PCRA denials)
- Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007) (PCRA timeliness is jurisdictional)
- Commonwealth v. Fahy, 737 A.2d 214 (Pa. 1999) (legality-of-sentence claims still must satisfy PCRA timeliness)
- Commonwealth v. Feliz, 875 A.2d 385 (Pa. Super. 2005) (appellate affirmance of Feliz’s murder/firearm convictions)