J-S53045-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : OMAR CASH : : Appellant : No. 122 EDA 2018 Appeal from the PCRA Order December 4, 2017 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0003526-2008 BEFORE: GANTMAN, P.J., OTT, J., and PLATT*, J. JUDGMENT ORDER BY GANTMAN, P.J.: FILED OCTOBER 02, 2018 Appellant, Omar Cash, appeals from the order entered in the Bucks County Court of Common Pleas, which denied his second petition per the Post- Conviction Relief Act (“PCRA”) at 42 Pa.C.S.A. §§ 9541-9546. On May 27, 2010, a jury convicted Appellant of first-degree murder, rape, and numerous other offenses in connection with his murder of one victim and rape of another victim, MCDA. Relevant to this appeal, MCDA was not in the United States legally at the time of the crimes. The Commonwealth and federal government helped MCDA obtain a U-Visa, which grants temporary legal status and work eligibility to crime victims who cooperate with prosecution. Appellant is currently serving an aggregate sentence of life in prison plus 68½ to 137 years’ imprisonment, which the court entered on June 2, 2010, and amended, pursuant to post-sentence motions, on November 12, 2010. This Court ____________________________________ * Retired Senior Judge assigned to the Superior Court. J-S53045-18 affirmed the judgment of sentence on December 14, 2011; our Supreme Court denied allowance of appeal on May 31, 2012. See Commonwealth v. Cash, 40 A.3d 191 (Pa.Super. 2011), appeal denied, 616 Pa. 632, 47 A.3d 844 (2012). Appellant timely filed pro se his first PCRA petition on August 15, 2012. After multiple PCRA hearings, the PCRA court denied relief on February 5, 2015. This Court affirmed the denial of PCRA relief on December 28, 2015; our Supreme Court denied a petition for allowance of appeal on June 29, 2016. See Commonwealth v. Cash, 135 A.3d 667 (Pa.Super. 2015), appeal denied, 636 Pa. 645, 141 A.3d 478 (2016). On January 23, 2017, Appellant sent a letter to the Department of Homeland Security (“DHS”) to request MCDA’s alien file. DHS responded on February 22, 2017, stating it could not confirm or deny the existence of MCDA’s file. On March 17, 2017, Appellant filed a motion to compel against DHS, which the magisterial district court denied on April 17, 2017. Appellant filed the current pro se PCRA petition on June 12, 2017, and amended it on June 29, 2017. On August 10, 2017, the PCRA court conducted a hearing. The PCRA court denied relief on December 4, 2017. Appellant timely filed a notice of appeal on December 29, 2017. On January 3, 2018, the PCRA court ordered Appellant to file a Pa.R.A.P. 1925(b) concise statement of errors; Appellant timely complied on January 24, 2018. The timeliness of a PCRA petition is a jurisdictional requisite. Commonwealth v. Zeigler, 148 A.3d 849 (Pa.Super. 2016). A PCRA -2- J-S53045-18 petition, including a second or subsequent petition, ...
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