J-S32026-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
DEAN L. PROPER,
Appellant No. 1855 WDA 2014
Appeal from the PCRA Order of October 23, 2014
In the Court of Common Pleas of Mercer County
Criminal Division at No(s): CP-43-CR-0000675-2013
BEFORE: SHOGAN, OLSON AND MUSMANNO, JJ.
JUDGMENT ORDER PER CURIAM: FILED JUNE 19, 2015
Appellant, Dean L. Proper, appeals from the order entered on October
23, 2014 dismissing his petition filed pursuant to the Post-Conviction Relief
Act, 42 Pa.C.S.A. § 9541-9546. We dismiss the appeal.
On May 19, 2015, we entered the following order:
In order to be eligible for relief under the Post-Conviction Relief
Act, a petitioner must be “[] currently serving a sentence of
imprisonment, probation[,] or parole for the crime[.]” 42
Pa.C.S.A. § 9543(a)(1)(i). On November 26, 2013, Appellant
was sentenced to an aggregate term of 6 to 24 months’
imprisonment with credit for time served back to May 14, 2013.
Therefore, it appears that Appellant is no longer serving a
sentence of imprisonment, probation, or parole for this
conviction.
AND NOW, this 19th day of May, 2015, IT IS HEREBY ORDERED
that, within ten days of this order, Appellant shall show cause
why this appeal should not be dismissed.
Order, 5/19/15.
J-S32026-15
To date, no response has been filed. As such, Appellant has waived
any argument that he is still serving a term of imprisonment, probation, or
parole for this conviction. Accordingly, we dismiss this appeal as moot. See
Commonwealth v. Schmohl, 975 A.2d 1144, 1149 (Pa. Super. 2009)
(citation omitted) (if a petitioner finishes serving his sentence while an
appeal is pending, the case is moot).
Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/19/2015
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