J-S44019-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DEURY PLASENCIA PLASENCIA : : Appellant : No. 255 MDA 2020 Appeal from the PCRA Order Entered January 9, 2020 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0004225-2016 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DEURY PLASENCIA PLASENCIA : : Appellant : No. 256 MDA 2020 Appeal from the PCRA Order Entered January 9, 2020 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0004226-2016 BEFORE: BENDER, P.J.E., NICHOLS, J., and McCAFFERY, J. MEMORANDUM BY NICHOLS, J.: FILED DECEMBER 18, 2020 Appellant Deury Plasencia Plasencia appeals from the orders denying as moot his timely Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541- 9546, petitions because he is no longer serving a sentence.1 On appeal, ____________________________________________ 1 This Court granted Appellant’s unopposed application to consolidate the appeals. J-S44019-20 Appellant’s PCRA counsel has filed a Turner/Finley2 brief and a petition to withdraw. We affirm. We adopt the facts and procedural history set forth in the PCRA court’s opinion. See PCRA Ct. Op., 4/7/20, at 1-2.3 As the PCRA court noted, Appellant’s PCRA petition only asserted plea counsel was ineffective by not advising him of the deportation consequences for a guilty plea to receiving stolen property, which was the only count at 4225-2016. See id. Appellant timely appealed from each order denying his PCRA petition.4 The PCRA court did not order Appellant to comply with Pa.R.A.P. 1925(b), but filed a responsive opinion. Initially, we must address whether PCRA counsel has fulfilled the procedural requirements for withdrawing his representation in this Court. Commonwealth v. Muzzy, 141 A.3d 509, 510 (Pa. Super. 2016) (stating that before “addressing the merits of the appeal, we must review counsel’s compliance with the procedural requirements for withdrawing as counsel” (citation omitted)). ____________________________________________ 2 Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988); Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). 3 We add that at docket no. 4226-2016, Appellant pleaded guilty to criminal trespass. On July 18, 2017, the court sentenced Appellant to one year of probation, which was made consecutive to Appellant’s sentence of one year of probation at docket no. 4225-2016 for receiving stolen property. 4 Each notice of appeal listed the single, relevant docket number. -2- J-S44019-20 As we have explained, [c]ounsel petitioning to withdraw from PCRA representation must proceed under [Turner and Finley] and must review the case zealously. Turner/Finley counsel must then submit a “no- merit” letter to the [PCRA] court, or brief on appeal to this Court, detailing the nature and extent of counsel’s diligent review of the case, listing the issues which petitioner wants to have reviewed, explaining why and how those issues lack merit, and requesting permission to withdraw. Counsel must also send to the petitioner: (1) a copy of the “no merit” letter/brief; ...
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