J-S17018-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DAVID CHALOEUNPORN : : Appellant : No. 4009 EDA 2017 Appeal from the PCRA Order December 11, 2017 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0004499-2007 BEFORE: BENDER, P.J.E., OLSON, J., and FORD ELLIOTT, P.J.E. MEMORANDUM BY OLSON, J.: FILED MAY 10, 2019 Appellant, David Chaloeunporn, appeals pro se from the order entered on December 11, 2017, dismissing his second petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We affirm. As we previously explained: On December 6, 2007, Appellant . . . entered a[n open] guilty plea to multiple sexual offenses involving two of his nieces, ages ten and [13]. On May 28, 2008, the trial court sentenced Appellant to an aggregate term of seven and one-half to [15] years of imprisonment, to be followed by a [25] year probationary term. Appellant did not file a direct appeal. Commonwealth v. Chaloeunporn, 106 A.3d 178 (Pa. Super. 2014) (unpublished memorandum) at 1. J-S17018-19 On November 25, 2008, Appellant filed his first PCRA petition. The PCRA court dismissed the petition on October 10, 2013 and, on August 27, 2014, we affirmed the PCRA court’s order. Id. at 1-7. Appellant filed the current petition – his second – on July 7, 2016. Within this petition, Appellant claimed: [Appellant] is a Cambodian [immigrant] who became a naturalized U.S. citizen. He had no translator provided for any proceedings. This is his second PCRA filed pursuant to § 9543 in that exculpatory evidence has subsequently become available and would have demonstrated actual and factual innocence at trial. The evidence is in the form of [Appellant’s] ex-wife’s notarized affidavit [and she] is the first of five witnesses who will testify to demonstrate [Appellant’s] innocence. Also plea attorney Ronald Smith will be shown to have unlawfully induced a guilty plea from this petitioner even though he is innocent. This new evidence is not cumulative because no affidavits of recantation have been materially filed in this matter. Appellant’s Second PCRA Petition, 7/7/16, at 3. Appellant attached his ex-wife’s affidavit to his petition. The affidavit declares: I, Tum Chaloeunporn, former wife of [Appellant], took the fathers of [the victims] to the office of Ronald Smith, Esq., defense attorney of [Appellant], for the purpose of delivering a letter of recantation to the charges in this case, prior to the guilty plea. I will freely testify to this fact in open court. Id. at Attachment. The PCRA court appointed counsel to represent Appellant during the proceedings. Trial Court Order, 5/17/17, at 1. However, court-appointed counsel filed a motion to withdraw and a no-merit letter pursuant to -2- J-S17018-19 Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). See Turner/Finley Letter, 9/27/17, at 1-6. After receiving the Turner/Finley filing, the PCRA court issued notice of its ...
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