HomeMy WebLinkAboutCP-21-CR-2195-1998
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.:
:
RONNIE JOHNSON : NO. CP-21CRIMINAL 98-2195
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J., May , 2008
Petitioner has filed this timely appeal from our order of December 20, 2007,
1
which denied his request for relief under the Post Conviction Relief Act. Since the
2
petition was untimely filed, we are precluded from exercising jurisdiction. See
Commonwealth v. Wilson, 824 A.2d 331 (Pa. Super 2003) appeal denied 576 Pa. 712, 839
A.2d 352 (2003).
__________________ ______________________________
Date Edward E. Guido, J.
District Attorney
Mark Bayley, Esquire
For the Defendant
:sld
1
42 Pa. C.S.A. § 9541 et seq.
2
Petitioner alleges that his diagnosis of bi-polar affective disorder qualifies as an exception under 42 Pa.
C.S.A. § 9545 (b) (1) (ii). However, there was no evidence that the condition existed prior to the filing of
the instant petition. We note that the psychiatrist was appointed by this court to examine the defendant
because of our concerns for his mental competency. We had no such concerns during the numerous prior
nd
proceedings, including his 2 PCRA Petition filed in September 2002 which was also denied as untimely.