Com. v. Woodard, C.
2595 EDA 2016
| Pa. Super. Ct. | Dec 21, 2017Background
- Craig Woodard was convicted after a bench trial of possession with intent to deliver (PWID) and possession of a controlled substance and sentenced on July 30, 2009 to 2–7 years for PWID (the possession count merged).
- Post-sentence motions were denied; this Court affirmed and the Pennsylvania Supreme Court denied allowance of appeal.
- Woodard filed a pro se PCRA petition on September 20, 2012; counsel later filed an amended petition. The PCRA court issued a Rule 907 notice and then dismissed the petition on September 18, 2014.
- Woodard appealed the dismissal and filed a Pa.R.A.P. 1925(b) statement. The PCRA court denied relief on the merits in an opinion.
- The Superior Court affirmed the dismissal but did so on alternative grounds: Woodard was no longer statutorily eligible for PCRA relief because he was not “currently serving” the sentence when the appeal was resolved (his sentence had expired in 2016).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Woodard is eligible for PCRA relief given statutory "currently serving" requirement | Woodard sought collateral relief under the PCRA (claims reviewed on the merits by PCRA court) | Commonwealth argued Woodard was ineligible because he was not serving a sentence when the petition was resolved | Court held Woodard was ineligible for PCRA relief because he was not "currently serving" a sentence when relief would be granted; affirmed dismissal on that ground |
| Whether appellate court may affirm on alternative grounds not reached below | Implicitly sought review of PCRA court's merits ruling | Commonwealth relied on lack of standing/eligibility as dispositive | Court confirmed it may affirm on any proper basis and did so here (affirmed on eligibility even though PCRA court reached merits) |
Key Cases Cited
- Commonwealth v. Burns, 988 A.2d 684 (Pa. Super. 2009) (appellate court may affirm on any proper basis)
- Commonwealth v. Turner, 80 A.3d 754 (Pa. 2013) (PCRA relief limited to persons "currently serving" a sentence; collateral review requires a protected liberty interest)
- Commonwealth v. Plunkett, 151 A.3d 1108 (Pa. Super. 2016) (strict interpretation of "currently serving" requirement; loss of eligibility when sentence expires before appeal resolution)
- Commonwealth v. Woodard, 23 A.3d 597 (Pa. Super. 2010) (prior direct appeal decision affirming judgment of sentence)