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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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.
ALAN RICHARD WEIST,
Appellant No. 2954 EDA 2015
Appeal from the Order Entered September 1, 2015
In the Court of Common Pleas of Pike County
Criminal Division at No(s): CP-52-0000240-2009
BEFORE: FORD ELLIOTT, P.J.E., OLSON AND JENKINS, JJ.
JUDGMENT ORDER BY OLSON, J.: FILED JUNE 14, 2016
Appellant, Alan Richard Weist, appeals pro se from the order entered
on September 1, 2015, which dismissed his second petition filed pursuant to
the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We
affirm.
On January 7, 2011, Appellant pleaded guilty to two counts of rape of
a child.1 On March 31, 2011, the trial court sentenced Appellant to serve an
aggregate term of 14 to 40 years in prison for his convictions. Appellant
then failed to perfect a direct appeal from his judgment of sentence. See
Commonwealth v. Weist, 81 A.3d 996 (Pa. Super. 2013) (unpublished
memorandum) at 1-2.
____________________________________________
1
18 Pa.C.S.A. § 3121(c).
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On December 14, 2011, Appellant filed a pro se PCRA petition. The
PCRA court appointed counsel to represent Appellant, but appointed counsel
petitioned for and was permitted to withdraw pursuant to Commonwealth
v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550
A.2d 213 (Pa. Super. 1988) (en banc). The PCRA court dismissed
Appellant’s first PCRA petition and, on May 15, 2013, this Court affirmed the
PCRA court’s order. Commonwealth v. Weist, 81 A.3d 996 (Pa. Super.
2013) (unpublished memorandum) at 1-4. Appellant did not file a petition
for allowance of appeal with the Pennsylvania Supreme Court.
On June 1, 2015, Appellant filed a pro se petition titled “Petition for
Discovery,” which the PCRA court treated as a second petition filed under
the PCRA. PCRA Court Opinion, 12/23/15, at 1-2. The PCRA court denied
Appellant’s petition by order entered September 1, 2015 and Appellant filed
a timely notice of appeal to this Court.
After Appellant filed his notice of appeal, the PCRA court ordered
Appellant to file and serve a concise statement of errors complained of on
appeal, pursuant to Pennsylvania Rule of Appellate Procedure 1925(b).
PCRA Court Order, 10/15/15, at 1. Further, the trial court ordered that
Appellant must file and serve his Rule 1925(b) statement within 21 days
from the date the order was entered. Id. Appellant did not file a Rule
1925(b) statement and, thus, Appellant failed to comply with the trial court’s
order. As such, Appellant’s claims on appeal are necessarily waived.
Pa.R.A.P. 1925(b)(4)(vii) (“[i]ssues not included in the [Rule 1925(b)]
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Statement and/or not raised in accordance with the provisions of [Rule
1925(b)(4)] are waived”); Greater Erie Indus. Dev. Corp. v. Presque
Isle Downs, Inc., 88 A.3d 222, 223 and 227 (Pa. Super. 2014) (en banc)
(holding that an appellant waives all claims on appeal where the appellant
“fail[s] to comply timely with the trial court’s order directing it to file a
concise statement of errors pursuant to [Rule 1925(b)]”); see also PCRA
Court Opinion, 12/23/15, at 2 (“[a]s of December 18, 2015, [] Appellant still
has yet to file a concise statement of matters complained of on appeal”)
(some internal capitalization omitted).
Order affirmed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/14/2016
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