J-S20004-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
CHARLES E. CARLSON, III
Appellant No. 106 WDA 2015
Appeal from the PCRA Order December 22, 2014
In the Court of Common Pleas of Beaver County
Criminal Division at No(s): CP-04-CR-0002338-1999
BEFORE: PANELLA, J., OLSON, J., and PLATT, J.*
JUDGMENT ORDER BY PANELLA, J. FILED APRIL 15, 2016
On August 17, 2012, Carlson filed a petition pursuant to the Post
Conviction Relief Act (“PCRA”), asserting that the mandatory life sentences
that he was serving had been declared unconstitutional by the Supreme
Court of the United States in Miller v. Alabama, 132 S.Ct. 2455 (2012). It
is undisputed that Carlson was under age 18 at the time he committed the
murders for which he received life sentences. See Appellee’s Brief, at 1. The
PCRA court deferred action on Carlson’s petition pending the Supreme Court
of Pennsylvania’s decision in Commonwealth v. Cunningham, 81 A.3d 1
(Pa. 2013).
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
J-S20004-16
After the Pennsylvania Supreme Court held that Miller was not an
avenue of relief on collateral review, the PCRA court denied Carlson’s
petition. This timely appeal followed.
While this appeal was pending, the Supreme Court of the United
States held, in Montgomery v. Louisiana, 136 S.Ct. 718 (2016), that
Miller was retroactive and provided a remedy on collateral review.
Montgomery therefore overruled Cunningham.
As a result, we reverse the PCRA court’s order dismissing Carlson’s
petition, vacate the judgment of sentence, and remand for re-sentencing
pursuant to Miller and Montgomery.
Order reversed. Judgment of sentence vacated. Case remanded for
resentencing. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/15/2016
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