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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ALEXANDER LEON
Appellant No. 940 MDA 2014
Appeal from the PCRA Order April 29, 2014
In the Court of Common Pleas of Lebanon County
Criminal Division at No(s): CP-38-CR-0000051-2011
BEFORE: OTT, J., WECHT, J., and JENKINS, J.
MEMORANDUM BY OTT, J.: FILED APRIL 24, 2015
Alexander Leon appeals from the order entered April 29, 2014, in the
Court of Common Pleas of Lebanon County that dismissed, after an
evidentiary hearing, his first petition filed pursuant to the Pennsylvania Post
Conviction Relief Act (PCRA).1, 2
Leon contends that trial counsel was
ineffective for:
1. Failing to adequately discuss the case with [him] prior to trial;
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1
42 Pa.C.S. §§ 9541–9546.
2
Leon seeks PCRA relief from the judgment of sentence of imprisonment of
10 years and 9 months to 25 years, imposed after a jury convicted him of
rape, aggravated indecent assault, sexual assault, statutory sexual assault,
and three counts of indecent assault, involving the 13-year-old victim. See
18 Pa.C.S. §§ 3121(a)(2), 3125(a)(8), 3124.1, 3122.1, 3126.
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2. Failing to adequately prepare for trial regarding chain-of–
evidence, when it could not be verified that the items from the
Good Samaritan Hospital were the same items taken to the
Harrisburg Hospital, as such items were not properly
documented (i.e. sanitary pad, toilet tissue);
3. Failing to file a motion to suppress regarding [his] statements
when he was interrogated by police after requesting counsel;
4. Failing to consult with [him] regarding his appellate issues as
[he] wanted trial counsel to appeal the weight of the evidence
and the sufficiency of the evidence; and
5. Coercing [him] into not testifying at trial.
Leon’s Brief at 4.3
In its opinion, the trial court sets forth the relevant facts and
procedural history, and therefore we do not restate the background of this
case. See Trial Court Opinion, 4/29/2014, at 3–7.4
After a careful and thorough review of the record, the briefs of the
parties, the applicable law, and the well-reasoned discussion of the
Honorable Bradford H. Charles, we conclude Leon’s claims merit no relief.
The trial court comprehensively discusses and properly disposes of the
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3
Leon timely complied with the trial court’s order to file a Pa.R.A.P. 1925(b)
statement of errors complained of on appeal.
4
We simply add that Leon’s PCRA petition is timely as Leon filed his pro se
PCRA petition on September 11, 2013, within one year of the date his
judgment of sentence became final. See 42 Pa.C.S. § 9545(b)(1), (3). In
this regard, we note this Court affirmed Leon’s judgment of sentence on
August 17, 2012, and the judgment of sentence became final 30 days later,
on Monday, September 17, 2012, when the time for filing a petition for
allowance of appeal in the Pennsylvania Supreme Court expired.
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questions presented in this appeal and we adopt the trial court’s opinion
dated April 29, 2014. See Trial Court Opinion, supra at 8–20 (finding: (1)
Trial counsel’s testimony regarding her contacts with Leon (five meetings, a
telephone conversation, and 12 letters) was credible, and she cogently and
aggressively represented Leon, successfully convincing the jury that he was
not guilty of three separate felony counts, (2) Prior to trial, trial counsel
lodged an objection to the sanitary pad based upon an imperfect chain of
custody; however, the court refused Leon’s motion in limine so long as the
victim could testify that she saw the sanitary pad being placed inside the
evidence bag, and the victim specifically testified she saw the nurse take her
panty liner and place it in the evidence bag and identified the pad as being
the type she used, (3) Trial counsel correctly determined there was no basis
to file a suppression motion where Leon was read his Miranda5 warnings
prior to articulating his claim that the victim raped him while he was
sleeping, after which he asked for an attorney and police stopped their
questioning, (4) Trial counsel did litigate a direct appeal on behalf of Leon,6
and to the extent that Leon now raises chain of custody evidence and
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5
Miranda v. Arizona, 384 U.S. 436 (1966).
6
Leon’s direct appeal challenged the sufficiency and weight of the evidence,
as to the element of “force” as charged and applied in this case. See
Commonwealth v. Leon, 60 A.3d 574 [2282 MDA 2011] (Pa. Super.
August 17, 2012) (unpublished memorandum).
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suppression issues, those issues, as already discussed, are meritless, and
there can be no ineffectiveness in failing to pursue those issues for appellate
review, and (5) Leon was fully colloquied and understood his right to testify
and his right not to testify; trial counsel gave Leon advice and provided
information with respect to what would happen if Leon would testify; and
Leon made his own decision not to testify). The record supports the court’s
decision and we find no reason to disturb the court’s denial of relief.
Accordingly, we affirm.
Order affirmed.7
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/24/2015
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7
We direct that a copy of the PCRA court’s opinion of April 29, 2014, be
attached to this decision.
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