Opinion
J-S03036-16 No. 1377 EDA 2015
02-19-2016
COMMONWEALTH OF PENNSYLVANIA Appellee v. ANTHONY JOHNSON Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order April 29, 2015
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0209251-1985 BEFORE: FORD ELLIOTT, P.J.E., OTT, J., and JENKINS, J. JUDGMENT ORDER BY JENKINS, J.:
Pursuant to our Supreme Court's recent orders in Commonwealth v. Jones , 947 MAL 2015 (Pa., 2/12/16), and related cases, and this Court's recent decision in Commonwealth v. Secreti , 578 WDA 2015 (Pa.Super., 2/9/16), the PCRA court's order is reversed, Appellant Anthony Johnson's judgment of sentence is VACATED, and this case is remanded for further proceedings.
We explain our decision briefly. On January 25, 2016, the United States Supreme Court held in Montgomery v. Louisiana , ___ U.S. ___, 2016 WL 280758 *12 (filed January 25, 2016, as revised on January 27, 2016), that its decision in Miller v. Alabama , ___ U.S. ___, 132 S.Ct. 2455 (2012), applies retroactively. Miller held that it is unconstitutional for state courts to impose an automatic life sentence without possibility of parole upon a homicide defendant for a murder committed while the defendant was a juvenile.
Shortly after Montgomery's issuance, this Court entered a published opinion in Secreti. There, Secreti was sentenced to automatic life imprisonment without possibility of parole for committing first degree murder as a juvenile. On June 25, 2012, the United States Supreme Court issued its decision in Miller. On August 15, 2012, Secreti filed a timely PCRA petition seeking relief under Miller. On February 9, 2016, following Montgomery , this Court held that (1) Miller applied retroactively to Secreti's sentence under the PCRA's retroactivity provision, 42 Pa.C.S. § 9545(b)(1)(iii); (2) Secreti's sentence was unconstitutional under Miller , and (3) Secreti was entitled to a new sentencing hearing. Moreover, on February 11 and 12, 2016, our Supreme Court granted relief to multiple PCRA petitioners under Miller and Montgomery and remanded their cases for further proceedings. See , e.g., Jones , supra.
Secreti squarely applies to this case. In 1985, Johnson was convicted of first degree murder for a murder that he committed as a 17 year old juvenile. Johnson was also convicted and given concurrent sentences for conspiracy and firearms offenses. On July 30, 2012, Johnson filed a timely PCRA petition seeking relief under Miller. As in Secreti , (1) Miller applies retroactively to Johnson's sentence under 42 Pa.C.S. § 9545(b)(1)(iii); (2) Johnson's sentence is unconstitutional under Miller , and (3) Johnson is entitled to a new sentencing hearing.
The PCRA court's order denying relief to Johnson under Miller is reversed; Johnson's judgment of sentence is vacated; the case is remanded to the court of common pleas for further proceedings consistent with Miller and Montgomery; Johnson's motion for leave to submit supplemental notice of authority relevant to an issue on appeal is DENIED as moot; jurisdiction is relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/19/2016