J-S85004-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
WILLIAM C. SANDERS
Appellant No. 3545 EDA 2015
Appeal from the PCRA Order November 5, 2015
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0612601-2003
CP-51-CR-0613251-2003
CP-51-CR-0613281-2003
BEFORE: PANELLA, J., RANSOM, J., and MUSMANNO, J.
JUDGMENT ORDER BY PANELLA, J. FILED DECEMBER 27, 2016
Appellant, William C. Sanders, appeals pro se from the order
dismissing, without a hearing, his second petition filed pursuant to the Post
Conviction Relief Act (“PCRA”). Sanders contends that the PCRA court erred
in concluding that it did not have jurisdiction to entertain his claim that he is
serving an illegal mandatory minimum sentence pursuant to Alleyne v.
United States, 133 S.Ct. 2151 (2013). After careful review, we conclude
that not only does Alleyne provide no jurisdiction, but further that Sanders
is not serving a mandatory minimum sentence. We therefore affirm.
On December 21, 2004, Sanders was sentenced to an aggregate term
of imprisonment of 25 to 50 years based upon three convictions each of
robbery and criminal conspiracy. This Court affirmed the judgment of
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sentence, and the Supreme Court of Pennsylvania denied allowance of
appeal on September 14, 2006.
Sanders filed a first, timely PCRA petition and counsel was appointed
to represent him. Counsel was permitted to withdraw, and the petition was
subsequently dismissed. Sanders did not appeal from the dismissal.
Sanders filed the instant petition, his second, on October 9, 2014,
asserting that his sentence was illegal under Alleyne. After the PCRA court
provided notice of its intent to dismiss the petition, Sanders filed a response,
and the PCRA court ultimately dismissed the petition as time-barred. This
timely appeal followed.
On appeal, Sanders argues that his sentence is illegal under Alleyne.
However, he does not identify the statute which applied to the sentence
imposed. Furthermore, as the PCRA court notes in its opinion on appeal, the
record reveals that Sanders did not receive a mandatory minimum sentence
on any charge.
Regardless of the accuracy of Sander’s assertion, a claim that a
petitioner is serving a sentence that is illegal under Alleyne is incapable of
establishing jurisdiction for an otherwise untimely claim under the PCRA.
See Commonwealth v. Miller, 102 A.3d 988, 995 (Pa. Super. 2014).
Sanders’s current PCRA petition was filed over 8 years after his judgment of
sentence became final, and is therefore patently untimely. See 42 Pa.C.S.A.
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§ 9545(b)(1). We therefore conclude that the PCRA court correctly dismissed
the petition and affirm.
Order affirmed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/27/2016
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