HomeMy WebLinkAbout94-0716 criminal appeal3. S81032/99
COMMONWEALTH OF PENNSYLVANIA,
Appellee
V,
CHRISTOPHER HAIGH,
Appellant
IN THE SUPERIOR COURT OF
PENNSYLVANIA
No. 662 MDA 1999
Appeal from the Order dated March 16, 1999
In the Court of Common Pleas of Cumberland County
Criminal No. 94-0716
orr COUmD~ON ~tr, it is now here ordered and
adjudged by this Court that the judgment of the Court of
Common Pleas of CUMB~.R~.~D County be, and the same
/s hereby A~IRM~D.
BY TttE COURT..
D~ed: NO.V. EMBER 19, 19, ~9
,1. S81032/99
COMMONWEALTH OF PENNSYLVANIA,
Appellee
Appellant
CHRISTOPHER HAIGH,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
No. 662 MDA 1999
Appeal from the Order dated March 16, 1999
In the Court of Common Pleas of Cumberland County
Criminal No. 94-0716
BEFORE: MCEWEN, P.,1., CERCONE, P.~1.E. and MONTEMURO*, ,1.
MEMORANDUM. i= I L ~' I:) NOV
This is an appeal from an order denying Appellant's petition under the
Post Conviction Relief Act, 42 Pa.C.S.A. Sec. 9541, et seq.
In
deviate
imposed
judgment of sentence on ,tune 27, 1995. On October 10,
filed the instant petition for post conviction relief, counsel was appointed,
and after a hearing was held, Appellant's petition was dismissed by the trial
court. On appeal, Appellant, proceeding pro se, has presented this court
with eight issues, which we need not address as we find Appellant's petition
to have been filed untimely.
May of 1995, Appellant was convicted by a jury of involuntary
sexual intercourse and sexual assault, for which the sentence
was 61/2 to 20 years imprisonment. This Court affirmed the
1998, Appellant
*Retired Justice assigned to Superior Court.
3. S81032/99
The most recent amendments to the PCRA were enacted on November
17, 1995 to become effective 60 days thereafter.~ The relevant statutory
section provides that where the judgment of sentence became final before
the effective date of the amendments, a first petition for post conviction
relief is deemed timely il: filed within one year of the amendments' effective
date, that is, January 16, 1996. See Act of November 17, 1995, P.L. 1118,
No. 32 (Spec. Sess. No. 1), § 3 (1). Appellant's judgment of sentence
became final 30 days a~ter this Court affirmed the judgment of sentence,
that is, 3uly 27, 1995, prior to the amendments. Therefore, Appellant had
one year from January 16, 1996, that is, until January 16, 1997, to file his
petition, which was not, in fact, lodged until October 16, 1998. Accordingly,
his issues2 are not properly before us.
Order affirmed.
~ Act of November 17, 1995, P.L. 1118 No. 32 (Spec. Sess. No.1) § 1.
2 We note that even had Appellant's petition been timely, we would find his
claims to have been waived. See Commonwealth v. Craddock, 535 A.2d
1189 (Pa. Super. 1989), aff'd. 522 Pa. 491, 564 A.2d 151 (1991) (Issues I-
IV); Commonwealth v. Williams,. ' Pa. 730 A.2d 507 (1999)
(Issues V-VIII); Commonwealth v. Genovese, 6:~5 A.2d 331 (Pa Super.
1996) (Issue VIII). ·
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