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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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.
ANTHONY JOHNSON
Appellant No. 1377 EDA 2015
Appeal from the PCRA Order April 29, 2015
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0209251-1985
BEFORE: FORD ELLIOTT, P.J.E., OTT, J., and JENKINS, J.
JUDGMENT ORDER BY JENKINS, J.: FILED FEBRUARY 19, 2016
Pursuant to our Supreme Court’s recent orders in Commonwealth v.
Jones, 947 MAL 2015 (Pa., 2/12/16), and related cases, and this Court’s
recent decision in Commonwealth v. Secreti, 578 WDA 2015 (Pa.Super.,
2/9/16), the PCRA court’s order is reversed, Appellant Anthony Johnson’s
judgment of sentence is VACATED, and this case is remanded for further
proceedings.
We explain our decision briefly. On January 25, 2016, the United
States Supreme Court held in Montgomery v. Louisiana, ___ U.S. ___,
2016 WL 280758 *12 (filed January 25, 2016, as revised on January 27,
2016), that its decision in Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455
(2012), applies retroactively. Miller held that it is unconstitutional for state
courts to impose an automatic life sentence without possibility of parole
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upon a homicide defendant for a murder committed while the defendant was
a juvenile.
Shortly after Montgomery’s issuance, this Court entered a published
opinion in Secreti. There, Secreti was sentenced to automatic life
imprisonment without possibility of parole for committing first degree
murder as a juvenile. On June 25, 2012, the United States Supreme Court
issued its decision in Miller. On August 15, 2012, Secreti filed a timely
PCRA petition seeking relief under Miller. On February 9, 2016, following
Montgomery, this Court held that (1) Miller applied retroactively to
Secreti’s sentence under the PCRA’s retroactivity provision, 42 Pa.C.S. §
9545(b)(1)(iii); (2) Secreti’s sentence was unconstitutional under Miller,
and (3) Secreti was entitled to a new sentencing hearing. Moreover, on
February 11 and 12, 2016, our Supreme Court granted relief to multiple
PCRA petitioners under Miller and Montgomery and remanded their cases
for further proceedings. See, e.g., Jones, supra.
Secreti squarely applies to this case. In 1985, Johnson was convicted
of first degree murder for a murder that he committed as a 17 year old
juvenile. Johnson was also convicted and given concurrent sentences for
conspiracy and firearms offenses. On July 30, 2012, Johnson filed a timely
PCRA petition seeking relief under Miller. As in Secreti, (1) Miller applies
retroactively to Johnson’s sentence under 42 Pa.C.S. § 9545(b)(1)(iii); (2)
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Johnson’s sentence is unconstitutional under Miller, and (3) Johnson is
entitled to a new sentencing hearing.
The PCRA court’s order denying relief to Johnson under Miller is
reversed; Johnson’s judgment of sentence is vacated; the case is remanded
to the court of common pleas for further proceedings consistent with Miller
and Montgomery; Johnson’s motion for leave to submit supplemental
notice of authority relevant to an issue on appeal is DENIED as moot;
jurisdiction is relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/19/2016
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