J-S38006-21 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : GLEN WIETHERS : : Appellant : No. 667 WDA 2020 Appeal from the PCRA Order Entered June 5, 2020 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0008678-2015 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : GLEN WEITHERS : : Appellant : No. 668 WDA 2020 Appeal from the PCRA Order Entered June 5, 2020 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0010644-2015 BEFORE: BENDER, P.J.E., DUBOW, J., and COLINS, J.* MEMORANDUM BY BENDER, P.J.E.: FILED: FEBRUARY 8, 2022 Appellant, Glen Weithers, a.k.a. Glen Wiethers, appeals from the order dismissing his untimely petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. After careful review, we affirm. ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S38006-21 The facts underlying Appellant’s convictions in the cases listed at CP- 02-CR-0008678-2015 (“8678-15”) and CP-02-CR-0010644-2015 (“10644- 15”) are not germane to this appeal. At 8678-15, the Commonwealth charged Appellant with two counts of driving under the influence of alcohol (“DUI”), and one count of driving impaired with a DUI-suspended license. At 10644-15, the Commonwealth charged Appellant with one count each of patronizing prostitutes, solicitation–patronizing prostitutes, possession of a controlled substance, and driving with a DUI-suspended license. On March 29, 2016, Appellant entered a guilty plea in both cases. On that same day, the trial court sentenced him to an aggregate term of 6 months’ intermediate punishment and a concurrent term of 3 years’ probation.1 Appellant did not file a direct appeal. Subsequently, according to Appellant, “the federal government began removal proceedings against [Appellant] due to criminal convictions that included the cases in this matter in January 2019[,]” and the “removal was affirmed in January 2020.” Appellant’s Brief at 8. Appellant filed a pro se PCRA petition at 10644-15 on October 8, 2019. After obtaining current counsel, Appellant filed a motion for special relief ____________________________________________ 1 We note that, absent a violation of his probation, Appellant was set to complete his sentence by April of 2019. However, Appellant concedes that he completed his sentence at 10644-2015 on September 25, 2017, and that the trial court terminated his probation in the case at 8678-2015 on October 2, 2018. Appellant’s Brief at 8. -2- J-S38006-21 docketed under both 10644-15 and 8678-15, acknowledging that he had completed his sentence(s) at those docket numbers, but nevertheless seeking “habeas corpus or coram nobis relief.” Id. at 9. The PCRA court issued an order denying relief on June 5, 2020. Appellant filed timely notices of appeal from that order in both cases 8678-15 and 10644-15, which this Court docketed at 667 WDA 2020 and 668 WDA 2020, respectively. By order dated August 21, 2020, this Court sua sponte consolidated these appeals as captioned above. Appellant now presents the following question for …
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