Com. v. Gantz, J.
1728 WDA 2015
| Pa. Super. Ct. | Sep 28, 2016Background
- Gantz pled guilty to theft by unlawful taking in 2005 and received probation to run consecutively to other cases; no direct appeal filed.
- In 2012 his probation was revoked after a separate guilty plea for violating probation, resulting in imprisonment for 9 months to 5 years; again no direct appeal.
- On Oct. 5, 2012, Gantz filed a pro se PCRA petition; counsel was appointed but filed a withdrawal and no-merit letter rather than an amended petition.
- PCRA court granted counsel’s petition and issued Rule 907 notice of intent to dismiss; Gantz filed objections, but the petition was dismissed in March 2013.
- Gantz timely appealed; the panel affirmed the denial, noting untimeliness absent a pleaded exception; no allowance of appeal filed.
- On July 13, 2015, Gantz filed a petition for writ of habeas corpus treated as a second PCRA petition; the PCRA court dismissed as untimely, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second PCRA petition was timely. | Gantz argues time exceptions apply. | Gantz failed to show a timely exception. | Untimely; no valid time exception established. |
| Whether incompetency/govt interference claims toll the time bar. | Gantz contends governmental interference due to incompetence at plea. | Court found no incompetence; interference claims lacking. | Claims fail; no tolling exception. |
| Whether the habeas petition was properly treated as a PCRA petition with proper jurisdiction. | Habeas claims fall outside PCRA, warranting habeas review. | PCRA subsumes habeas remedies for these claims; petition treated as PCRA. | PCRA procedure applied; court had no jurisdiction to reach untimely petition. |
Key Cases Cited
- Commonwealth v. Peterkin, 722 A.2d 638 (Pa. 1998) (PCRA review subsumes habeas corpus remedies)
- Commonwealth v. Hernandez, 79 A.3d 649 (Pa. Super. 2013) (timeliness and exceptions under 9545(b))
- Commonwealth v. Howard, 788 A.2d 351 (Pa. 2002) (rejection of governmental interference claims in PCRA context)
- Commonwealth v. Burkett, 5 A.3d 1260 (Pa. Super. 2010) (PCRA review limited to wrongful conviction or illegal sentence)