Opinion
J-S66027-17 No. 348 WDA 2017
11-07-2017
COMMONWEALTH OF PENNSYLVANIA v. EUGENE PRATT, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order February 1, 2017
In the Court of Common Pleas of Fayette County
Criminal Division at No.: CP-26-CR-0002269-2014 BEFORE: BENDER, P.J.E., DUBOW, J., and PLATT, J. JUDGMENT ORDER BY DUBOW, J.:
Retired Senior Judge assigned to the Superior Court.
Appellant, Eugene Pratt, appeals from the February 1, 2017 Order dismissing his first Petition filed under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546. Because Appellant's maximum sentence has expired, he is ineligible for relief under the PCRA. We, therefore, affirm.
Counsel has filed a Petition to Withdraw, and an " Anders Brief," which satisfies the mandates of Turner/Finley applicable in a PCRA context. See Commonwealth v. Widgins , 29 A.3d 816, 817 n.2 (Pa. Super. 2011); Commonwealth v. Turner , 544 A.2d 927 (Pa. 1988); Commonwealth v. Finley , 550 A.2d 213 (Pa. Super. 1988) (en banc). Counsel also submitted a copy of a "no merit" letter sent to Appellant informing him of his rights to proceed. In light of our disposition, we grant counsel's Petition to Withdraw.
On January 6, 2016, Appellant entered a guilty plea to two counts of Driving Under the Influence ("DUI"), one count of Obedience to Traffic-Control Devices, one count of Maximum Speed Limits, one count of Careless Driving, and one count of No Rear Lighting. On the same day, the trial court sentenced Appellant to an aggregate term of 48 hours to 6 months' incarceration. See Order of Sentence, filed 1/6/16; N.T., 1/5/16, at 11-12. Appellant did not file a direct appeal.
75 Pa.C.S. § 3802(a)(1); 75 Pa.C.S. § 3802(b); 75 Pa.C.S. § 3111; 75 Pa.C.S. § 3362; 75 Pa.C.S. § 3714; and 75 Pa.C.S. § 4303(b), respectively.
On January 3, 2017, Appellant filed the instant PCRA Petition, his first, challenging his guilty plea by invoking the United States Supreme Court's decision in Birchfield v. North Dakota , ___ U.S. ___, 136 S.Ct. 2160, 195 L.Ed. 2d 560 (filed June 23, 2016).
In Birchfield , the United States Supreme Court invalidated any criminal sanction assessed for refusing to submit to a blood test in the absence of a warrant. The Court determined that with regard to blood tests, the police must either seek a warrant, obtain consent, or show exigent circumstances. Id. --------
To be eligible for relief under the PCRA, a petitioner must plead and prove by a preponderance of the evidence that he is "currently serving a sentence of imprisonment, probation[,] or parole for the crime[.]" 42 Pa.C.S. § 9543(a)(1)(i). A petitioner who has completed his sentence is no longer eligible for post-conviction relief. Commonwealth v. Soto , 983 A.2d 212, 213 (Pa. Super. 2009); see also Commonwealth v. Turner , 80 A.3d 754, 765 (Pa. 2013) ("[D]ue process does not require the legislature to continue to provide collateral review when the offender is no longer serving a sentence.").
Appellant's maximum sentence in the instant case expired on July 6, 2016, six months after the trial court imposed his sentence. Appellant has completed his sentence and is, therefore, ineligible for PCRA relief. Accordingly, we affirm the PCRA court's Order dismissing Appellant's PCRA Petition and grant counsel's Petition to Withdraw.
Order affirmed. Petition to Withdraw granted. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 11/7/2017