Opinion
J-S52012-19 No. 3392 EDA 2018
12-02-2019
COMMONWEALTH OF PENNSYLVANIA v. STACEY CULBERT Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order Entered October 18, 2018
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0500381-1998, MC-51-CR-0447551-1998 BEFORE: OTT, J., KUNSELMAN, J., and McLAUGHLIN, J. CONCURRING MEMORANDUM BY KUNSELMAN, J.:
Because we are bound by this Court's decision in Commonwealth v. Jackson , 30 A.3d 516 (Pa. Super. 2011), I join in the majority decision. Nonetheless, I believe that requiring Culbert to serve a sentence potentially 20 years beyond the maximum allowed by law, solely because he did not discover the error within one year of the date his sentence became final, constitutes a manifest miscarriage of justice. I therefore write separately to encourage our Supreme Court and/or our General Assembly to examine this issue and allow for courts to correct at any time a sentence that patently exceeds the maximum allowed by law.
Judge McLaughlin joins the concurring memorandum.