Com. v. Vazquez, F.
Com. v. Vazquez, F. No. 2926 EDA 2016
| Pa. Super. Ct. | Jun 20, 2017Background
- Felix Vazquez pleaded guilty to possession with intent to deliver on June 28, 2012, and was sentenced to 9–20 years' imprisonment the same day.
- Judgment of sentence became final on July 28, 2012, after the time to file a direct appeal expired.
- Vazquez filed a pro se PCRA petition on February 22, 2016; counsel was appointed and filed an amended petition in June 2016.
- The PCRA court issued Rule 907 notice and dismissed the petition on August 31, 2016; Vazquez timely appealed and sought to proceed pro se for the appeal.
- The Superior Court remanded for a Grazier hearing; the PCRA court found Vazquez knowingly waived counsel for the appeal.
- The core dispute: whether Vazquez’s PCRA petition, filed well after the one-year statutory deadline, could invoke the newly announced constitutional-right exception based on Alleyne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA petition | Vazquez argued Alleyne created a new constitutional right excusing his untimely petition | Commonwealth contended petition was untimely and Alleyne does not apply retroactively on collateral review | Petition is time‑barred; Alleyne does not save a petition filed more than 60 days after Alleyne and has not been held retroactive to collateral cases that were final before Alleyne |
| Right to proceed pro se on appeal | Vazquez requested to proceed pro se on appeal | Commonwealth did not oppose the waiver; court evaluated competency to waive counsel | PCRA court conducted a Grazier hearing and found Vazquez knowingly waived counsel for the appeal |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures governing counsel withdrawal in collateral proceedings)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. 1988) (procedural framework for counsel’s post-conviction withdrawal)
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (explaining that to invoke the newly created constitutional-right exception, petitioner must show the right is new and held to apply retroactively)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (holding Alleyne has not been held retroactive for collateral review)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (holding Alleyne does not apply retroactively on collateral review to sentences final before Alleyne)
- Alleyne v. United States, 133 S.Ct. 2151 (U.S. 2013) (announced rule regarding facts that increase mandatory minimums must be submitted to jury)