Com. v. Graves, L.
1307 WDA 2015
| Pa. Super. Ct. | Aug 22, 2016Background
- Larue Graves was convicted by jury of third-degree murder for a 2005 theater shooting and, based on a prior 1994 voluntary manslaughter conviction, was sentenced to mandatory life under 42 Pa.C.S. § 9715 (two‑strikes law).
- Direct appeals and Graves’s first PCRA petition were denied; his judgment of sentence became final on April 13, 2009.
- Graves filed a pro se second PCRA petition in November 2014 challenging the constitutionality of § 9715 under the Fifth, Sixth, and Fourteenth Amendments and citing Alleyne v. United States.
- The Commonwealth moved to dismiss as time‑barred under the PCRA one‑year filing rule; the PCRA court issued Rule 907 notice and dismissed the petition without a hearing.
- The PCRA court and this Court held the petition untimely and concluded Alleyne did not render § 9715 invalid or create a retroactive exception to the PCRA time bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Graves’s challenge to § 9715 is barred by the PCRA one‑year time limit | Graves contended his illegal‑sentence claim is reviewable despite delay; relied on Alleyne to render § 9715 unconstitutional | Commonwealth: petition untimely; Graves did not plead or prove any statutory exception | Petition untimely; no exceptions satisfied; dismissal affirmed |
| Whether Alleyne invalidates § 9715 or creates a retroactive constitutional exception to overcome the time bar | Alleyne requires jury findings of any fact that increases mandatory minimums, so § 9715’s judge‑found prior‑conviction procedure is unconstitutional | Commonwealth: Alleyne explicitly excluded prior‑conviction exception (Almendarez‑Torres); Alleyne not retroactive for collateral review | Alleyne does not apply to prior‑conviction sentencing under § 9715 and does not apply retroactively to reopen final sentences; cannot excuse the time bar |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (held that any fact increasing mandatory minimum must be found by jury, but noted prior‑conviction rule)
- Almendarez‑Torres v. United States, 523 U.S. 224 (1998) (recognized prior‑conviction exception for enhancing punishment)
- Commonwealth v. Spotz, 84 A.3d 294 (Pa. 2014) (standard of review for PCRA appeals)
- Commonwealth v. Fahy, 737 A.2d 214 (Pa. 1999) (legality of sentence review under PCRA still subject to time limits)
- Commonwealth v. Beasley, 741 A.2d 1258 (Pa. 1999) (burden to plead and prove PCRA time‑bar exceptions)
- Commonwealth v. Leggett, 16 A.3d 1144 (Pa. Super. 2011) (60‑day time to invoke newly recognized right runs from decision date, not library availability)
- Commonwealth v. Baldwin, 789 A.2d 728 (Pa. Super. 2001) (prisoner’s access to case law does not toll statutory time periods)
- Commonwealth v. Monaco, 996 A.2d 1076 (Pa. Super. 2010) (PCRA time limits implicate jurisdiction)