Com. v. Jones, A.
1166 EDA 2017
Pa. Super. Ct.Dec 11, 2017Background
- Appellant Amel D. Jones pleaded guilty (Dec. 15, 2011) to possession with intent to deliver and possession of a firearm and was sentenced to 78–156 months plus five years’ probation.
- He filed no direct appeal; judgment of sentence became final on Jan. 14, 2012.
- Jones filed three PCRA petitions (2014, 2015, 2016), each asserting his sentence was unlawful under Alleyne v. United States.
- The PCRA court dismissed the first two petitions as untimely; appointed counsel sought to withdraw under Turner/Finley procedures each time.
- The third PCRA petition (filed Feb. 18, 2016; amended Sept. 2, 2016) was dismissed as untimely and raising previously litigated Alleyne claims; counsel sought leave to withdraw and complied substantially with Turner/Finley requirements.
- The Superior Court affirmed dismissal for lack of jurisdiction (untimely petition) because Alleyne does not apply retroactively to collateral review, and granted counsel’s petition to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appellant’s Alleyne-based sentencing claim overcomes the PCRA one-year time-bar | Jones argued Alleyne renders his sentence illegal and creates a cognizable post-conviction claim that should excuse untimeliness | Commonwealth argued the petition was untimely and Alleyne is not retroactive on collateral review, so no exception to the time-bar applies | Court held the petition was untimely; Alleyne does not apply retroactively to collateral review, so the court lacked jurisdiction and dismissed the PCRA petition |
Key Cases Cited
- Alleyne v. United States, 570 U.S. 99 (2013) (a fact that increases penalty is an element for jury to find beyond reasonable doubt)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (courts lack jurisdiction to review Alleyne claims on collateral review when petition is untimely)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedural requirements for counsel to withdraw in collateral appeals)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc) (no-merit procedure for appointed counsel in collateral appeals)
- Anders v. California, 386 U.S. 738 (1967) (procedural protections required when counsel seeks to withdraw on direct appeal)
- Commonwealth v. Reed, 107 A.3d 137 (Pa. Super. 2014) (Anders brief may be accepted in lieu of Turner/Finley brief where it affords greater protection)