Com. v. Surratt, E.
1260 WDA 2024
| Pa. Super. Ct. | Jul 15, 2025Background
- Erik Ramone Surratt was convicted in 2008 (after a non-jury trial) of two counts of first-degree murder and related offenses, and sentenced to two consecutive life terms plus an additional sentence.
- Following the U.S. Supreme Court's decision in Miller v. Alabama (2012) (prohibiting mandatory life without parole for juvenile offenders), Surratt filed for resentencing; in 2018, he received two concurrent 40 years-to-life sentences.
- Surratt filed a pro se PCRA petition in 2023 raising several challenges, including claims of selective prosecution, prosecutorial fraud, incorrect time credits, and lack of counsel.
- The PCRA court appointed counsel, who filed a "no-merit" letter; the petition was dismissed, and Surratt appealed pro se.
- The Superior Court found the appeal timely due to lack of proper notice of the underlying order.
Issues
| Issue | Surratt’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Selective prosecution for Black juvenile lifers | Commonwealth prosecuted Black juveniles more harshly | Not preserved for appeal | Waived (not preserved in appellant's statement) |
| Prosecutorial fraud at resentencing | Prosecutor misrepresented sentencing law to court | Law was correctly stated | Claim meritless (prosecutor correct under law) |
| Failure to award proper time credit | Court miscalculated pre-trial custody time by ~1,131 days | Did not address merits below | Remanded for recalculation of time served credit |
| Lack of counsel and adequacy of withdrawal | PCRA counsel withdrew improperly, no new counsel appointed | Not addressed due to remand | Not reached due to remand/order for new counsel |
Key Cases Cited
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (articulates the standard for PCRA review)
- Commonwealth v. Hickman, 799 A.2d 136 (Pa. Super. 2002) (deference to PCRA court findings)
- Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super. 2014) (de novo review of PCRA legal conclusions)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (issues not preserved in Rule 1925(b) are waived)
- Commonwealth v. Richard, 150 A.3d 504 (Pa. Super. 2016) (standards for awarding credit for time served)