Com. v. Noon, R.
756 WDA 2016
| Pa. Super. Ct. | Nov 23, 2016Background
- Raymond A. Noon, Jr. pled guilty (Aug 2, 2004) to involuntary deviate sexual intercourse (IDSI) with a child and aggravated indecent assault of a child under 16.
- Court sentenced him (Nov 10, 2004) to an aggregate 8½–19 years, including a mandatory minimum under 42 Pa.C.S. § 9718 for IDSI where the victim is under 16.
- Noon did not file a direct appeal; his judgment became final Feb 17, 2005 (expiration of time to appeal).
- He filed a first PCRA petition (2005) which was denied (May 1, 2009).
- He filed a second PCRA petition pro se on Aug 19, 2015, arguing § 9718 is unconstitutional based on Alleyne; the PCRA court issued Rule 907 notice and denied relief (May 6, 2016).
- The Superior Court affirmed, holding the second petition was time-barred and Alleyne-based challenges do not apply retroactively on collateral review to overcome the PCRA time bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of second PCRA petition | Noon contends Alleyne created a new constitutional rule invalidating the mandatory minimum (§ 9718), excusing untimeliness | Commonwealth argues petition is untimely; Alleyne does not apply retroactively on collateral review to excuse the PCRA time bar | Petition is untimely; Alleyne-based claim cannot invoke Section 9545(b)(1)(iii) because Alleyne and its progeny do not apply retroactively |
| Applicability of Alleyne to mandatory minimum (§ 9718) challenges | Alleyne requires that facts increasing mandatory penalties be found by jury, so § 9718 is unconstitutional as applied | Commonwealth relies on Pennsylvania precedent holding Alleyne does not retroactively invalidate mandatory minimums on collateral review | Court rejects retroactivity argument; Alleyne claim does not save untimely petition |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (fact increasing mandatory penalty must be treated as an element requiring jury finding)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne not declared retroactive on collateral review)
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (requirements for invoking PCRA timeliness exceptions)
- Commonwealth v. Turner, 73 A.3d 1283 (Pa. Super. 2013) (timeliness is jurisdictional under the PCRA)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review to void mandatory minimum sentences)
- Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016) (decision discussed in the opinion regarding challenges to mandatory minimum sentencing)