Opinion
J-S20004-16 No. 106 WDA 2015
04-15-2016
COMMONWEALTH OF PENNSYLVANIA Appellee v. CHARLES E. CARLSON, III Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order December 22, 2014
In the Court of Common Pleas of Beaver County
Criminal Division at No(s): CP-04-CR-0002338-1999 BEFORE: PANELLA, J., OLSON, J., and PLATT, J. JUDGMENT ORDER BY PANELLA, J.
Retired Senior Judge assigned to the Superior Court.
On August 17, 2012, Carlson filed a petition pursuant to the Post Conviction Relief Act ("PCRA"), asserting that the mandatory life sentences that he was serving had been declared unconstitutional by the Supreme Court of the United States in Miller v. Alabama , 132 S.Ct. 2455 (2012). It is undisputed that Carlson was under age 18 at the time he committed the murders for which he received life sentences. See Appellee's Brief, at 1. The PCRA court deferred action on Carlson's petition pending the Supreme Court of Pennsylvania's decision in Commonwealth v. Cunningham , 81 A.3d 1 (Pa. 2013).
After the Pennsylvania Supreme Court held that Miller was not an avenue of relief on collateral review, the PCRA court denied Carlson's petition. This timely appeal followed.
While this appeal was pending, the Supreme Court of the United States held, in Montgomery v. Louisiana , 136 S.Ct. 718 (2016), that Miller was retroactive and provided a remedy on collateral review. Montgomery therefore overruled Cunningham.
As a result, we reverse the PCRA court's order dismissing Carlson's petition, vacate the judgment of sentence, and remand for re-sentencing pursuant to Miller and Montgomery.
Order reversed. Judgment of sentence vacated. Case remanded for resentencing. Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 4/15/2016