Com. v. Lee, F.
3023 EDA 2016
| Pa. Super. Ct. | Sep 19, 2017Background
- In 1984 Frank Lee was convicted of two counts each of rape and robbery, and PIC, for a 1982 armed sexual assault and robbery; he received an aggregate 25–50 year sentence.
- Lee’s direct appeal concluded in 1987; his judgment of sentence became final on May 9, 1987 after the time to seek allowance of appeal expired.
- Over the years Lee filed multiple collateral petitions. In 2014 he filed a PCRA-style motion claiming his sentence was illegal under the mandatory minimum in 42 Pa.C.S. § 9712(a).
- The trial court treated the 2014 filing as a PCRA petition, reinstated Lee’s collateral-appeal rights nunc pro tunc, but denied the substantive PCRA claims as untimely on August 23, 2016.
- Lee appealed pro se, arguing § 9712’s mandatory minimum is unconstitutional under Alleyne and thus his sentence is illegal.
Issues
| Issue | Plaintiff's Argument (Lee) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether Lee’s Alleyne-based challenge to § 9712 renders his sentence illegal and entitles him to relief | Alleyne requires jury findings for facts that increase mandatory minimums; § 9712 is therefore unconstitutional and his sentence must be vacated | Alleyne does not apply retroactively on collateral review; Lee’s petition is untimely and fails to invoke a timeliness exception | Petition untimely; Alleyne-based claim does not overcome PCRA time bar; court lacked jurisdiction to grant relief |
| Whether an after-recognized constitutional right exception saves the untimely petition | Lee invoked the after-recognized-right exception under 42 Pa.C.S. § 9545(b)(1)(iii) relying on Alleyne | Commonwealth relied on Pennsylvania precedent holding Alleyne is not retroactive for collateral review | Alleyne is not retroactive under Pennsylvania law; exception not satisfied |
Key Cases Cited
- Commonwealth v. Taylor, 67 A.3d 1245 (Pa. Super. 2013) (standard for reviewing PCRA denials and timeliness principles)
- Commonwealth v. Rainey, 928 A.2d 215 (Pa. 2007) (standard of review citation in PCRA context)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (holding that facts that increase mandatory minimums must be found by a jury)
- Commonwealth v. Valentine, 101 A.3d 801 (Pa. Super. 2014) (holding § 9712(a) unconstitutional under Alleyne)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (holding Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Riggle, 119 A.3d 1058 (Pa. Super. 2015) (concluding Alleyne does not satisfy the PCRA’s after-recognized-right timeliness exception)