Com. v. Razny, M.
Com. v. Razny, M. No. 3186 EDA 2016
| Pa. Super. Ct. | Apr 21, 2017Background
- Michael Razny pleaded guilty in 2009 to robbery and carrying a firearm without a license; plea included a mandatory minimum under 42 Pa.C.S. § 9712 for pointing a modified shotgun.
- Sentenced August 27, 2009 to 10.5 to 21 years; post-sentence motion denied September 11, 2009 and no direct appeal was filed.
- Razny filed a pro se PCRA petition on March 3, 2016 arguing § 9712 was unconstitutional under Commonwealth v. Hopkins and Alleyne.
- PCRA counsel was appointed, an evidentiary hearing occurred, and counsel filed a Turner/Finley no-merit letter and motion to withdraw in September 2016.
- The PCRA court issued a Pa.R.A.P. 907 notice (Sept. 23, 2016) and later dismissed the petition (Oct. 14, 2016); Razny failed to file a Pa.R.A.P. 1925(b) statement, so the court found issues waived.
- On appeal, the Superior Court affirmed, holding Razny waived appellate review for failing to file a 1925(b) statement and that his PCRA petition was untimely and jurisdictionally barred; Alleyne-based claims are not retroactive under Washington.
Issues
| Issue | Razny's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether PCRA petition timely | Razny relied on Hopkins/Alleyne to challenge § 9712 mandatory minimum | Petition was filed >1 year after judgment final; no exception applies | Petition untimely; jurisdictional bar |
| Whether Alleyne/Hopkins create a newly recognized constitutional right for retroactivity | Alleyne and Hopkins render § 9712 unconstitutional, entitling relief | Alleyne does not apply retroactively on collateral review; Washington controls | Alleyne-based claims not retroactive; cannot invoke § 9545(b)(1)(iii) |
| Whether failure to file Pa.R.A.P. 1925(b) waives appellate issues | (No preservation) | Rule 1925(b) requires filing when ordered; failure waives issues | Issues waived for appellate review |
| Whether PCRA court erred in dismissing and allowing counsel withdrawal | Implicitly argued relief warranted based on new law | Dismissal proper due to untimeliness and procedural default | Dismissal and counsel withdrawal affirmed |
Key Cases Cited
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (direct-appeal challenge to mandatory minimum in drug-free school-zone statute)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (fact increasing mandatory minimum must be submitted to jury)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Hill, 16 A.3d 484 (Pa. 2011) (Pa.R.A.P. 1925(b) filing requirement and waiver rule)