Com. v. Wadsworth, S.
Com. v. Wadsworth, S. No. 1485 WDA 2016
| Pa. Super. Ct. | Jun 15, 2017Background
- Appellant Shawn M. Wadsworth appeals pro se from an August 24, 2016 PCRA order denying his fourth serial petition as untimely.
- Judgment of sentence became final on December 8, 2012; petitioner filed his fourth PCRA on July 20, 2016.
- PCRA court dismissed the petition as untimely after a 907 notice and later amended petition.
- Appellant’s notice of appeal was dated September 23, 2016, but the clerk received it September 29, 2016; the court applied the prisoner mailbox rule to deem it timely.
- Appellant argued Alleyne-based retroactivity and related Wolfe precedent; the court held Alleyne does not apply retroactively to collateral attacks and that the sentence did not involve the mandatory minimum provisions at issue.
- Court affirmed the denial of the untimely PCRA petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under 9545(b)(1) | Wadsworth relies on Alleyne/Wolfe retroactivity. | No retroactive application; petition untimely. | Untimely; no applicable exception satisfied. |
| Retroactivity of Alleyne to PCRA | Alleyne creates retroactive rights for collateral review. | Alleyne does not apply retroactively to PCRA claims. | Alleyne not retroactive. |
| Applicability of §9718 and related sentencing provisions | Alleyne invalidates mandatory minima, entitling resentencing. | Appellant was sentenced under repealed §9718.3(a)(1)(iii)/(iv); no relief. | No relief based on Alleyne/Wolfe; no retroactive voiding of sentence. |
| 60-day filing window after Alleyne | Petition filed within 60 days of Alleyne decision. | Petition filed long after Alleyne; fails 60-day window. | Untimely under 9545(b)(2). |
Key Cases Cited
- Commonwealth v. Davis, 86 A.3d 883 (Pa. Super. 2014) (timeliness considerations under 9545 are jurisdictional)
- Commonwealth v. Lawson, 90 A.3d 1 (Pa. Super. 2014) (timely filing exceptions to one-year limit)
- Commonwealth v. Brandon, 51 A.3d 231 (Pa. Super. 2012) (60-day period begins at underlying judicial decision)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (any fact increasing penalty is an element; not retroactive on collateral review)
- Commonwealth v. Wolfe, 106 A.3d 800 (Pa. Super. 2014) (held Alleyne does not retroactively apply to PCRA petitions)