Com. v. McDonald, J.
340 WDA 2017
| Pa. Super. Ct. | Jan 4, 2018Background
- Julian McDonald was convicted in 2010 of PWID, conspiracy, and paraphernalia; sentenced to an aggregate 6–11 years including a flat five-year mandatory minimum under 18 Pa.C.S. § 7508 based on possession of at least 50 pounds of marijuana.
- Direct appeals were exhausted by 2012; his first PCRA petition was denied and that denial was affirmed through 2015.
- McDonald filed a second PCRA petition in March 2016 claiming his mandatory-minimum sentence was unconstitutional under Alleyne and that Montgomery made Alleyne retroactive.
- The PCRA court and this Court found the petition patently untimely under the PCRA one-year rule (final judgment 5/23/2012; deadline 5/23/2013) and required invocation of a statutory exception.
- McDonald invoked the § 9545(b)(1)(iii) ‘‘newly recognized constitutional right’’ exception, but the court concluded Montgomery addressed Miller (juvenile life without parole), not Alleyne, and that neither the U.S. Supreme Court nor Pennsylvania Supreme Court has held Alleyne retroactive.
- The Superior Court affirmed dismissal for lack of jurisdiction due to the untimely, unexcused petition.
Issues
| Issue | McDonald’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Whether Montgomery rendered Alleyne retroactive so Alleyne-based challenge fits § 9545(b)(1)(iii) | Montgomery made Alleyne retroactive; Alleyne invalidates mandatory minimum under § 7508 | Montgomery concerned Miller (juvenile LWOP); it did not address Alleyne; Alleyne has not been held retroactive | Montgomery does not make Alleyne retroactive; Alleyne inapplicable here |
| Whether McDonald timely invoked the PCRA exception (filed within 60 days) | Petition filed within 60 days of Montgomery decision triggering retroactivity | Petition was filed long after Alleyne and after relevant deadlines; petitioner failed to plead the § 9545(b)(1)(iii) elements and the 60-day rule | Petition untimely; petitioner failed to meet § 9545(b)(1)(iii) and 60-day requirement; dismissal affirmed |
Key Cases Cited
- Alleyne v. United States, 570 U.S. 99 (invalidating facts that increase mandatory minimums absent jury finding)
- Montgomery v. Louisiana, 577 U.S. 190 (held Miller retroactive)
- Miller v. Alabama, 567 U.S. 460 (Eighth Amendment prohibits mandatory LWOP for juvenile homicide offenders)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Copenhefer, 941 A.2d 646 (Pa. 2007) (interpretation of § 9545(b)(1)(iii) retroactivity/pleading requirements)
- Commonwealth v. Fahy, 737 A.2d 214 (Pa. 1999) (legality of sentence is reviewable but subject to PCRA time limits)