HomeMy WebLinkAbout97-1234 CriminalCOMMONWEALTH
MICHAEL L. SIMS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1234 CRIMINAL TERM
IN RE: DEFENDANT'S POST CONVICTION
RELIEF ACT PETITION
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 15th day of November, 1999, upon consideration of Defendant's
petition for collateral relief under the Post Conviction Relief Act filed on November 8,
1999, and for the reasons stated in the accompanying opinion, the petition is dismissed as
prematurely filed.
Because of the allegation of ineffective assistance of present counsel contained in
the petition, James K. Jones, Esq., is appointed to represent Defendant.
BY THE COURT,
/
J~JWesley Oler JI.~r2, J.
M.L. Ebert, Jr., Esq.
District Attorney
James K. Jones, Esq.
7 Irvine Row
Carlisle, PA 17013
Court-appointed attorney
for Defendant
Austin F. Grogan, Esq.
Assistant Public Defender
Michael L. Sims
Cumberland County Prison
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COMMONWEALTH
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MICHAEL L. SIMS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1234 CRIMINAL. TERM
IN RE: DEFENDANT'S POST CONVICTION
RELIEF ACT PETITION
BEFORE OLER, J.
OPINION and ORDER OF COURT
Oler, J., November 15, 1999.
In this criminal case, Defendant has filed a petition for collateral relief under the
Post Conviction Relief Act on November 8, 1999, following a judgment of sentence
imposed on October 19, 1999. The petition alleges ineffective assistance of counSel.
Under the Post Conviction Relief Act, a petition may be filed, as a general rule, "within
one year of the date the judgment becomes final.'d A judgment of sentence becomes
final, for purposes of the act, "at the conclusion of direct review, including discretionary
review in the Supreme Court of the United States and the Supreme Court of
Pennsylvania, or at the expiration of time for seeking the review.''2
Implicit in the act is the rule that a petition for collateral relief filed while the
judgment of sentence is on direct appeal, or prior to the expiration of time for seeking
such review, is premature. See Commonwealth v. O'Neil, 393 Pa. Super. 111, 573 A.2d
Act of May 13, 1982, P.L. 417, §2, as amended, 42 Pa. C.S. §9545(b)(1).
Id., §9545(b)(3).
1112 (1990). In this case, Defendant's petition for collateral relief under the act has been
filed prior to the expiration of time for seeking direct review and, thus, prior to finality.
See Pa. R.A.P. 903.
For this reason, the following order will be entered:
ORDER OF COURT
AND NOW, this 15th day of November, 1999, upon consideration of Defendant's
petition for collateral relief under the Post Conviction Relief Act filed on November 8,
1999, and for the reasons stated in the accompanying opinion, the petition is dismissed as
prematurely filed.
Because of the allegation of ineffective assistance of present counsel contained in
the petition, James K. Jones, Esq., is appointed to represent Defendant.
BY THE COURT,
M.L. Ebert, Jr., Esq.
District Attorney
James K. Jones, Esq.
7 Irvine Row
Carlisle, PA 17013
Court-appointed attorney
for Defendant
Austin F. Grogan, Esq.
Assistant Public Defender
Michael L. Sims
Cumberland County Prison
Defendant
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
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