J-S08045-23 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JONATHAN A. PENA CHARLES : : Appellant : No. 1465 MDA 2022 Appeal from the PCRA Order Entered September 21, 2022 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0004016-2013 BEFORE: OLSON, J., McCAFFERY, J., and COLINS, J.* MEMORANDUM BY COLINS, J.: FILED MARCH 30, 2023 Appellant, Jonathan A. Pena Charles, appeals pro se from the dismissal of an untimely petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. § 9541, et. seq. His collateral review counsel petitioned to withdraw from representation under Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc), because, in addition to the untimeliness of the petition and the lack of an applicable statutory exception that would permit review of the petition, Appellant was ineligible for relief under the PCRA where he was no longer serving any sentence in this case. Upon review, we affirm. On October 26, 2015, Appellant pleaded guilty to terroristic threats, a misdemeanor of the first degree, and recklessly endangering another person, ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S08045-23 a misdemeanor of the second degree.1 N.T. 10/26/15, 2-4. According to the summary of the facts accepted at the plea hearing, Appellant became involved in an altercation with occupants of another motor vehicle on or about November 7, 2013, in the City of Hazelton, and threatened a crime of violence while in possession of a handgun. Id. at 6. In exchange for the plea, the Commonwealth withdrew additional charges and recommended a negotiated sentence of concurrent probation terms of twelve months less than one day for each of the convictions.2 Id. at 2-3; Plea Agreement Form, 10/26/15, 1. Appellant waived a pre-sentence investigation report and the parties raised no opposition to proceeding to sentencing on the date of the plea hearing. N.T. 10/26/15, 7. The court imposed the agreed-upon probation terms. Id. at 8. Prior to the announcement of the sentence, plea counsel explained that the particular lengths of the probation terms were intended to limit the potential immigration consequences from the plea: THE COURT: What’s the significance of 12 months[’] probation less one day? Explain that to me. [PLEA COUNSEL]: Immigration issues. THE COURT: Immigration issues? ____________________________________________ 1 18 Pa.C.S. §§ 2706(a)(1) and 2705, respectively. 2 The withdrawn charges included two counts of simple assault, additional single counts of terroristic threats and recklessly endangering another person, and a single count of disorderly conduct. 18 Pa.C.S. §§ 2701(a)(3), 2706(a)(1), 2705, and 5503(a)(1), respectively; see Bill of information, printed 1/23/14, 1. -2- J-S08045-23 [PLEA COUNSEL]: Yes, Your Honor. He has a green card. He’s a legal immigrant and that because of the immigration issues, that is the -- it will not affect his green card. THE COURT: Commonwealth is okay with that? [PROSECUTOR]: Yes, Your Honor. …
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