J-S58041-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
WILLIAM JUNIOR SAVAGE
Appellant No. 720 WDA 2014
Appeal from the PCRA Order April 24, 2014
In the Court of Common Pleas of Fayette County
Criminal Division at No(s): CP-26-CR-0001792-2009
BEFORE: GANTMAN, P.J., BENDER, P.J.E., and PLATT, J.*
JUDGMENT ORDER BY GANTMAN, P.J.: FILED SEPTEMBER 29, 2014
Appellant, William Junior Savage, appeals pro se from the order
entered in the Fayette County Court of Common Pleas, dismissing as
untimely his serial petition filed per the Post Conviction Relief Act (“PCRA”),
at 42 Pa.C.S.A. §§ 9541-9546. On May 6, 2010, a jury convicted Appellant
of aggravated indecent assault−without consent, aggravated indecent
assault−complainant less than thirteen years of age, aggravated indecent
assault of a child, indecent assault−without consent, indecent
assault−complainant less than thirteen years of age, and corruption of
minors. The court sentenced Appellant on May 20, 2010, to an aggregate
term of seven to fifteen years’ imprisonment. This Court affirmed the
judgment of sentence on November 15, 2010. See Commonwealth v.
_________________________
*Retired Senior Judge assigned to the Superior Court.
J-S58041-14
Savage, 22 A.3d 1071 (Pa.Super. 2010). Appellant filed numerous pro se
filings, which the court denied after it appointed counsel, who filed a
Turner/Finley “no-merit” letter and motion to withdraw that the court
granted. On March 11, 2014, Appellant filed pro se what the court deemed
was Appellant’s fourth PCRA petition. The court issued Rule 907 notice on
April 1, 2014, and dismissed Appellant’s petition as untimely on April 24,
2014. Appellant timely filed a pro se notice of appeal on May 1, 2014. The
court did not order Appellant to file a Rule 1925(b) statement, and Appellant
filed none.
The timeliness of a PCRA petition is a jurisdictional requisite.
Commonwealth v. Hackett, 598 Pa. 350, 956 A.2d 978 (2008).
“Jurisdictional time limits go to a court’s right or competency to adjudicate a
controversy.” Id. at 359, 956 A.2d at 983. Under the amended PCRA,
effective 1/16/96, a PCRA petition must be filed within one year of the date
the underlying judgment becomes final. 42 Pa.C.S.A. § 9545(b)(1). A
judgment is deemed final “at the conclusion of direct review, including
discretionary review in the Supreme Court of the United States and the
Supreme Court of Pennsylvania, or at the expiration of time for seeking
review.” 42 Pa.C.S.A. § 9545(b)(3).
Instantly, Appellant filed his current petition for post-conviction relief
on March 11, 2014, more than three years after his judgment of sentence
became final on December 15, 2010. Further, the one-year grace period
-2-
J-S58041-14
provided in the amended PCRA “does not apply to second or subsequent
petitions, regardless of when the first petition was filed.” Commonwealth
v. Fairiror, 809 A.2d 396, 398 (Pa.Super. 2002), appeal denied, 573 Pa.
703, 827 A.2d 429 (2003). Additionally, Appellant’s current PCRA petition
fails to plead and prove any cognizable exception to the statutory timeliness
requirements. See 42 Pa.C.S.A. § 9545(b)(1) (providing three exceptions to
one-year time limit under PCRA). Accordingly, the court properly dismissed
the petition as untimely.
Order affirmed.
Judgment Entered.
Deputy Prothonotary
Date: 9/29/2014
-3-