Com. v. Pinkney, D.
341 MDA 2017
| Pa. Super. Ct. | Sep 21, 2017Background
- Appellant Daniel Pinkney filed his second PCRA petition on August 12, 2016, challenging his sentence imposed December 3, 2009.
- The PCRA court scheduled a hearing, appointed counsel, and dismissed the petition as untimely on January 27, 2017; Pinkney timely appealed.
- PCRA counsel filed a Turner/Finley no‑merit letter and petition to withdraw; the Commonwealth declined to file a brief.
- Pinkney argued his mandatory minimum sentence (195–390 months) was unconstitutional under Alleyne and Commonwealth v. Wolfe and that Alleyne qualifies as a newly discovered fact triggering the Section 9545(b)(1)(ii) exception.
- The PCRA court concluded it lacked jurisdiction because the petition was patently untimely and Alleyne does not apply retroactively in the PCRA context.
- The Superior Court granted counsel’s motion to withdraw and affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne-based challenge to mandatory minimum sentence overcomes PCRA timeliness bar | Pinkney: Alleyne (and Wolfe) invalidates his mandatory minimum and constitutes a newly discovered fact allowing relief under 42 Pa.C.S. § 9545(b)(1)(ii) | Commonwealth/PCRA court: Petition is patently untimely; Alleyne does not apply retroactively to collateral PCRA claims | Court held Alleyne and its progeny do not apply retroactively in the PCRA context; petition untimely and dismissed |
| Whether counsel complied with Turner/Finley procedures for withdrawal | Pinkney implied need for counsel to advocate; requested review | PCRA counsel filed a no‑merit letter and petition to withdraw under Turner/Finley | Court found counsel’s filings complied with Turner/Finley and granted withdrawal |
Key Cases Cited
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013) (facts increasing mandatory penalty are elements that must be found by a jury)
- Commonwealth v. Wolfe, 106 A.3d 800 (Pa. Super. 2014) (interpreting § 9718 mandatory minimums as invalid under Alleyne)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively in PCRA collateral proceedings)
- Commonwealth v. Riggle, 119 A.3d 1058 (Pa. Super. 2015) (Alleyne not retroactive where judgment became final before Alleyne)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne cannot be used to overcome untimely PCRA petition)