Com. v. Ocasio-Santana, L.
Com. v. Ocasio-Santana, L. No. 1114 MDA 2016
Pa. Super. Ct.May 11, 2017Background
- In March 2009, Luis Manuel Ocasio-Santana pleaded guilty to attempted criminal homicide, aggravated assault, and simple assault for stabbing his girlfriend; sentenced to 12–24 years. He filed no post-sentence motions or direct appeal.
- His judgment of sentence became final on April 23, 2009 (30 days after sentencing).
- A first PCRA petition was filed in March 2010; after an evidentiary hearing the trial court denied relief and the Superior Court affirmed; the Pennsylvania Supreme Court denied allowance of appeal.
- On March 21, 2016, Ocasio-Santana filed a second PCRA petition challenging his sentence as illegal under Alleyne and arguing Montgomery made Alleyne retroactive.
- The PCRA court issued Rule 907 notice that the petition was untimely and dismissed it on May 24, 2016.
- The Superior Court affirmed, holding the petition was untimely and that Alleyne/Montgomery did not provide a retroactive basis to overcome the PCRA time bar (and Alleyne is inapplicable because no mandatory minimum was at issue).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether second PCRA petition is timely or saved by a federal decision made retroactive | Ocasio-Santana: Montgomery made Alleyne retroactive, so his sentence is illegal and his claim falls within PCRA timing exception | Commonwealth: Judgment final in 2009; petition filed in 2016 is untimely; Montgomery/Alleyne do not make his claim timely or applicable | Petition untimely; exceptions not met; claim dismissed |
| Whether Alleyne applies to his sentence | Ocasio-Santana: Alleyne (as made retroactive) invalidates aspects of his sentence | Commonwealth: Alleyne applies to mandatory-minimum facts; here no mandatory minimum was imposed | Alleyne inapplicable because no mandatory minimum sentence was imposed |
| Whether Montgomery/Miller retroactively apply | Ocasio-Santana: Montgomery renders Alleyne retroactive and thus applicable | Commonwealth: Montgomery addresses Miller (juvenile life-without-parole) and does not help this adult offender; not retroactive to his claim | Montgomery/Miller do not assist; petitioner was an adult and not sentenced to juvenile LWOP |
| Whether PCRA court has jurisdiction despite untimeliness | Ocasio-Santana: federal retroactivity creates a basis to overcome time bar | Commonwealth: statutory one-year rule is jurisdictional; exceptions not satisfied within 60 days | PCRA court lacked jurisdiction to consider merits; dismissal affirmed |
Key Cases Cited
- Montgomery v. Louisiana, 136 S.Ct. 718 (2016) (held Miller’s rule applies retroactively to cases on collateral review)
- Alleyne v. United States, 133 S.Ct. 2151 (2013) (facts increasing mandatory minimums must be submitted to jury)
- Miller v. Alabama, 132 S.Ct. 2455 (2012) (mandatory life-without-parole for juvenile offenders unconstitutional)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Pennsylvania Supreme Court held Alleyne not retroactive on collateral review)