J-S48041-14
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee, :
:
v. :
:
COREY L. WILLIAMS, :
:
Appellant : No. 82 MDA 2014
Appeal from the PCRA Order December 18, 2013,
Court of Common Pleas, Franklin County,
Criminal Division at No. CP-28-CR-0000511-2002
BEFORE: DONOHUE, JENKINS and PLATT*, JJ.
DISSENTING STATEMENT BY DONOHUE, J.: FILED OCTOBER 14, 2014
I agree with the learned Majority’s conclusion that the sentence
imposed was illegal and that we have the authority to raise the issue sua
sponte. In light of the illegality of sentence and the necessity of vacating
the judgment of sentence, I disagree with the Majority’s decision to dispose
of the Appellant’s pending PCRA claims. Once a new sentence is imposed,
the Appellant will have direct appeal rights from the new judgment of
sentence. Thereafter, the Appellant’s time to file a PCRA petition will run,
anew. I would forgo decision on the appeal of the pending PCRA claims at
this time. While I appreciate that the circumstances of this care are
extraordinary, I do not believe that we should further complicate it by
allowing the Appellant to have the opportunity to file serial “first” petitions
for PCRA relief.
*Retired Senior Judge assigned to the Superior Court.
J-S48041-14
Thus, because I would vacate the judgment of sentence and remand
for resentencing and forgo adjudication of the pending PCRA claims, I
dissent from the Majority’s disposition.
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