HomeMy WebLinkAboutCP-21-CR-0000055-2004 (2)
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
:
MICHAEL LAVERNE HEBERLIG : CP-21-CR-0055-2004
IN RE: OPINION PURSUANT TO PENNSYLVANIA
RULE OF APPELLATE PROCEDURE 1925
Masland, J., November 3, 2010:--
On December 27, 2004, petitioner was sentenced pursuant to a written
plea agreement to undergo a term of imprisonment in a state correctional
institution for not less than twenty nor more than forty years to date from
November 24, 2003. The petitioner did not seek appellate review of his
conviction. The petitioner’s sentence became final on January 26, 2005, thirty
days after the imposition of sentence. See 42 Pa.C.S. § 9545(b)(3);
Pa.R.Crim.P. 720(A). Petitioner had until January 26, 2006, to file a petition for
post-conviction relief. The instant petition, filed on April 5, 2010, is over four
years late.
The petitioner’s allegations of trial court error at the time of sentencing do
not justify his untimely petition because they do not fall within any of the
enumerated exceptions found in 42 Pa.C.S. §§ 9545(b)(1)(i)(ii) and (iii). As a
result, we granted the Commonwealth’s petition to dismiss defendant’s PCRA
petition as having been untimely filed pursuant to 42 Pa.C.S. § 9545(b). See
Commonwealth v. Pursell, 749 A.2d 911 (Pa. 2000). Based on the foregoing, this
court respectfully submits that the Superior Court should affirm the denial of
CP-21-CR-0055-2004
petitioner’s petition for post-conviction relief.
By the Court,
Albert H. Masland, J.
Joshua M. Yohe, Esquire
Assistant District Attorney
Michael Laverne Heberlig, GB 3167, Pro se
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510
:saa
-2-