J-S36003-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MARIUSZ MARCINKOWSKI, : : Appellant. : No. 2929 EDA 2017 Appeal from the PCRA Order, July 31, 2017, in the Court of Common Pleas of Bucks County, Criminal Division at No(s): CP-09-CR-0007139-2005. BEFORE: GANTMAN, P.J., DUBOW, J., and KUNSELMAN, J. MEMORANDUM BY KUNSELMAN, J.: FILED AUGUST 24, 2018 Mariousz Marcinkowski appeals from the order denying his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We affirm. The PCRA court summarized the pertinent facts and procedure as follows: On September 15, 2005, [Marcinkowski] was charged by the Bristol Township, Bucks County Police Department with Possession of a Controlled Substance with Intent to Deliver, Intentionally Possessing a Controlled Substance and Use or Possession of Drug Paraphernalia. On January 31, 2006, [Marcinkowski] pled guilty to the charges. On March 17, 2006, he was sentenced by this Court to serve no less than one (1) year nor more than two (2) years of incarceration in the Bucks County Correctional Facility on the Possession with Intent to Deliver charge. No further penalties were imposed on the remaining charges. [Marcinkowski] did not file any post-sentence motions nor did he file a direct appeal from his judgment of sentence. J-S36003-18 [Marcinkowski] was paroled on May 3, 2007, and his sentence expired in its entirety on March 13, 2008. On May 17, 2017, over nine (9) years after the expiration of his sentence, [Marcinkowski] filed a counseled “Nunc Pro Tunc Motion to Withdraw Guilty Plea,” in which he challenged the voluntariness of his original guilty plea and alleged ineffective assistance of counsel for failing to advise him of the immigration consequences stemming from his March 17, 2006 conviction. According to his Motion, [Marcinkowski] was arrested on March 24, 2017 by a member of the United States Department of Homeland Security and ICE and “is subject to detention, removal and deportation under Section 227(a)(2)(B)(i) and 237(a)(2)(A)(iii) of the Immigration and Nationality Act.” On June 6, 2017, the Commonwealth filed an Amended Petition to Dismiss PCRA Petition for Lack of Jurisdiction as Petitioner is No Longer Serving a Sentence,” in which it observed that [Marcinkowski’s] Motion must be treated as a request for relief under the [PCRA], and that as a result, this Court lacks jurisdiction to entertain the Motion because [Marcinkowski’s] sentence had expired in its entirety. On June 14, 2017, this PCRA Court filed a Notice of Intent to Dismiss [Marcinkowski’s] Motion pursuant to Pa.R.Crim.P. 907. On June 21, 2017, [Marcinkowski] filed a counseled “Answer to [PCRA] Court’s Notice of Intent to Dismiss,” arguing that his “Nunc Pro Tunc Motion to Withdraw his Guilty Plea[”] should not treated as a PCRA petition” because he “did not have the knowledge or ability to file a PCRA at the time he learned his guilty plea was not entered knowing, intelligent and voluntary [sic].” He was therefore “not asserting ineffective ...
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