Opinion
J-S72013-17 No. 3427 EDA 2016
02-20-2018
COMMONWEALTH OF PENNSYLVANIA, Appellee v. JUDAH O. O. JAMISON, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order Entered October 11, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0305821-2006 BEFORE: BENDER, P.J.E., MUSMANNO, J., and STEVENS, P.J.E. MEMORANDUM BY BENDER, P.J.E.:
Former Justice specially assigned to the Superior Court. --------
Appellant, Judah O. O. Jamison, appeals from the post-conviction court's October 11, 2016 order denying, as untimely, his second petition under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm.
We need not reproduce the facts and procedural history of this case, which are summarized by the PCRA court in its Pa.R.A.P. 1925(a) opinion. See PCRA Court Opinion (PCO), 3/21/17, at 1-3. We only note that, in this timely appeal, Appellant argues that a mandatory minimum sentence applied in his case is illegal under Alleyne v. United States , 133 S.Ct. 2151, 2163 (2013) (holding that "facts that increase mandatory minimum sentences must be submitted to the jury" and found beyond a reasonable doubt). In its opinion, the PCRA court cogently discusses why Appellant cannot rely on Alleyne , or its progeny, to overcome the one-year time-bar of the PCRA. See PCO at 3-9. Therefore, we adopt the trial court's opinion as our own, and affirm the order denying Appellant's PCRA petition for the reasons set forth therein.
Order affirmed. Judgment Entered. /s/ _________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/20/2018
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