Com. v. Ocasio, F.
1527 WDA 2015
Pa. Super. Ct.Nov 30, 2017Background
- Felix Benji Ocasio participated in a heroin trafficking ring in Blair County in 1999 and was convicted in eight cases of multiple drug offenses.
- Resentenced on November 27, 2001 to an aggregate term of 39 to 78 years; judgment of sentence became final December 27, 2001 (no direct appeal filed).
- Filed a pro se PCRA petition in April 2002; that petition was denied and this Court affirmed on appeal.
- On July 30, 2015 Ocasio filed a counseled PCRA petition arguing Alleyne-based invalidity of mandatory minimums and seeking resentencing; the PCRA court denied it as untimely on September 3, 2015.
- Ocasio appealed; the Superior Court considered whether his 2015 petition met a timeliness exception that would permit review on the merits.
Issues
| Issue | Ocasio's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether Alleyne creates a retroactive right allowing relief from mandatory minimums and thus excuses an untimely PCRA petition | Alleyne requires facts that increase mandatory minimums be found by a jury; his mandatory minimums are now illegal and Alleyne should apply retroactively | Alleyne has not been held retroactive; petitioner’s judgment became final in 2001 and the PCRA time bar applies | Petition is untimely; Alleyne does not apply retroactively to collateral cases, so no relief |
Key Cases Cited
- Ragan v. Commonwealth, 923 A.2d 1169 (Pa. 2007) (standard of review for PCRA orders and jurisdictional nature of timeliness)
- Bennett v. Commonwealth, 930 A.2d 1264 (Pa. 2007) (PCRA time limits implicate jurisdiction and cannot be ignored to reach merits)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts increasing mandatory minimums must be found by a jury)
- Miller v. Commonwealth, 102 A.3d 988 (Pa. Super. 2014) (Alleyne cannot be used to satisfy PCRA timeliness exception absent retroactivity ruling)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne is not retroactive on collateral review)
- Commonwealth v. Davis, 916 A.2d 1206 (Pa. Super. 2007) (failure to provide Rule 907 notice is not reversible error when petition is untimely)
- Commonwealth v. Pursell, 749 A.2d 911 (Pa. 2000) (procedural note on Rule 907 notice and collateral review)
- Commonwealth v. Guthrie, 749 A.2d 502 (Pa. Super. 2000) (waiver of Rule 907 claim if not raised on appeal)