J-S81006-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF : IN THE SUPERIOR COURT OF
PENNSYLVANIA : PENNSYLVANIA
:
:
v. :
:
:
JOSE ANTONIO RAMOS :
: No. 605 MDA 2017
Appellant :
Appeal from the PCRA Order November 22, 2016
In the Court of Common Pleas of Luzerne County
Criminal Division at No(s): CP-40-CR-0003982-2012
BEFORE: PANELLA, J., STABILE, J., and PLATT, J.
JUDGMENT ORDER BY PANELLA, J. FILED APRIL 11, 2018
Jose Ramos appeals pro se from the order dismissing his timely, first
petition pursuant to the Post Conviction Relief Act (“PCRA”). On appeal, Ramos
abandons all the claims he presented to the PCRA court, instead arguing that
his sentence is illegal pursuant to Commonwealth v. Muniz, 164 A.3d 1189
(Pa. 2017). In response, the Commonwealth notes that all of Ramos’s initial
issues are now waived. See Appellee’s Brief, at 7. However, the
Commonwealth requests this case be remanded so that Ramos may properly
challenge the legality of his sentence before the PCRA court.
____________________________________________
Retired Senior Judge assigned to the Superior Court.
J-S81006-17
We agree with the Commonwealth. Ramos has waived all issues
previously raised in the PCRA court by failing to brief them on appeal. See
Commonwealth v. Johnson, 985 A.2d 915, 924 (Pa. 2009). In contrast, his
claim that Muniz renders his sentence illegal cannot be waived, so long as
there is jurisdiction to hear it. See Commonwealth v. Rivera-Figueroa, 174
A.3d 674, 678 (Pa. Super. 2017). “Therefore, the best resolution of this case
is to vacate, remand, and offer Appellant the opportunity to argue Muniz.”
Id., at 679.
Order vacated. Case remanded for further proceedings consistent with
this decision. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/11/2018
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