Com. v. Gutierrez, J.

J-S67023-17 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOSE D. MURILLO GUTIERREZ, : : Appellant : No. 1356 EDA 2017 Appeal from the PCRA Order March 22, 2017 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0005835-2015 BEFORE: GANTMAN, P.J., MUSMANNO, J., and STEVENS*, P.J.E. MEMORANDUM BY MUSMANNO, J.: FILED DECEMBER 12, 2017 Jose D. Murillo Gutierrez (“Gutierrez”) appeals from the Order dismissing his first Petition for relief filed pursuant to the Post Conviction Relief Act (“PCRA”). See 42 Pa.C.S.A. §§ 9541-9546. We affirm. The PCRA court concisely summarized the relevant history underlying this appeal as follows: [Gutierrez] was charged on August 14, 2015, with one count of Endangering Welfare of Children - Parent/Guardian/Other Person Commits Offense, 18 Pa.C.S. § 4304(a)(1), after police discovered that he had left his nine-year-old son in an automobile with the engine running on July 26, 2015, while he went into the premises of the Parx Casino in Bensalem Township, Bucks County, Pennsylvania. On November 13, 2015, [Gutierrez] entered a plea of guilty and was sentenced on the same day to one year of probation. [Gutierrez] failed to file post-sentence motions or a direct appeal, and his sentence expired in its entirety on November 13, 2016. The Bucks County Adult Probation and Parole Department administratively closed [Gutierrez’s] case on December 27, 2016. ____________________________________ * Former Justice specially assigned to the Superior Court. J-S67023-17 On December 12, 2016, [Gutierrez] filed a [counseled PCRA] Petition alleging ineffective assistance of trial counsel pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010), for failing to advise him of the collateral consequences of his criminal conviction on his immigration status. [Gutierrez] alleged in his [P]etition that he first learned of the “harsh immigration consequences to his counseled guilty plea” on June 15, 2016, when he was taken into custody by Immigration and Customs Enforcement (“ICE”) and charged with removability as a result of his conviction.[1] [Gutierrez] claim[ed] that he “would not have ple[]d guilty had he known that this plea would result in his mandatory detention in immigration custody and possible deportation from the United States,” and[,] because he did not fully understand the consequences of his guilty plea, [Gutierrez] [] requested that he be permitted to withdraw his guilty plea and proceed to counseled plea negotiations and/or trial. After considering [Gutierrez’s] [P]etition, the Commonwealth’s response filed on January 25, 2017, and the record, th[e PCRA c]ourt determined that [it] lacked jurisdiction in this matter. [The court] therefore issued a Notice of Intent to Dismiss on January 30, 2017, and then a subsequent Order dismissing [Gutierrez’s] request for post-conviction collateral relief on March 22, 2017. On April 21, 2017, [Gutierrez] filed a Notice of Appeal from [the] Order of March 22, 2017. In accordance with [the PCRA court’s] Order of May 5, 2017, [Gutierrez] filed a [Pa.R.A.P. 1925(b)] Statement of [M]atters Complained of on Appeal on May 25, ...

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