Opinion
J-S02026-17 No. 1432 EDA 2016
04-19-2017
COMMONWEALTH OF PENNSYLVANIA Appellee v. NAEEM JONES Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order April 28, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No: CP-51-CR-0006591-2007 BEFORE: FORD ELLIOTT, P.J.E., STABILE, and MOULTON, JJ. MEMORANDUM BY STABILE, J.:
Appellant, Naeem Jones, appeals from the April 28, 2016 order entered in the Court of Common Pleas of Philadelphia County ("PCRA court"), denying his petition for collateral relief pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-46. Upon review, we affirm.
The procedural history of the matter is undisputed. Following a jury trial from August 18-25, 2008, Appellant was found guilty of first-degree murder and possessing instruments of crime ("PIC"). Appellant was sentenced to life without parole on the murder charge. After having his direct appellate rights reinstated on November 19, 2010, Appellant appealed to this court. On November 15, 2011, this Court affirmed Appellant's judgment of sentence. See Commonwealth v. Jones , 3389 EDA 2010, Unpublished Memorandum at 11 (Pa. Super. Filed Nov. 15, 2011). Our Supreme Court denied Appellant's petition for allowance of appeal on April 4, 2012. Appellant filed a timely pro se PCRA petition on December 21, 2012. The PCRA court appointed counsel, who filed an amended PCRA petition on August 12, 2015, an addendum to the petition on October 15, 2015, and a motion to supplement evidence on January 20, 2016.
18 Pa.C.S.A. §§ 2502(a) and 907, respectively. --------
The PCRA court held a hearing on January 21, 2016, and April 1, 2016. Following post-hearing briefs by the parties, the PCRA court denied the petition on April 28, 2016. Appellant filed a timely appeal on May 4, 2016. The PCRA court did not direct Appellant to file a concise statement; however, the PCRA court filed a Pa.R.A.P. 1925(a) opinion on May 24, 2016.
Appellant raises three questions on appeal, which we quote verbatim.
I. Was trial counsel ineffective for failing to request an alibi instruction where counsel presented alibi testimony and argued that alibi in his closing? Was this failure the cause of significant prejudice to Appellant's cause?Appellant's Brief at 1 (sic).
II. Was trial counsel ineffective for failing to object to the introduction of bad acts evidence, including a police photo, that met none of the exceptions of a Pa.R.E. 404§(b)(1)? Was this failure the cause of significant prejudice to Appellant's cause?
III. Was after discovered evidence that was wholly exculpatory, credible and compelling enough to warrant a new trial?
Our standard of review of a PCRA court's denial of a PCRA petition is well settled.
We review an order dismissing a petition under the PCRA in the light most favorable to the prevailing party at the PCRA level. This review is limited to the findings of the PCRA court and the evidence of record. We will not disturb a PCRA court's ruling if it is supported by evidence of record and is free of legal error. This Court may affirm a PCRA court's decision on any grounds if the record supports it. Further, we grant great deference to the factual findings of the PCRA court and will not disturb those findings unless they have no support in the record. However, we afford no such deference to its legal conclusions. Where the petitioner raises questions of law, our standard of review is de novo and our scope of review plenary.Commonwealth v. Ford , 44 A.3d 1190, 1194 (Pa. Super. 2012) (citations omitted).
After careful review of the record, the briefs, and the relevant case law, we find that the PCRA court's May 24, 2016 opinion, thoroughly and adequately addresses all of Appellant's claims. See Trial Court Opinion, 5/24/2016, at 4-12. The PCRA court's findings are supported by the record and are free of legal error. We direct that a copy of the PCRA court's May 24, 2016 opinion be attached to any future filings in this case.
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 4/19/2017
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