Com. v. Molina, A.

J-S59007-17 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ANTONIO MOLINA, Appellant No. 2602 EDA 2016 Appeal from the PCRA Order Entered August 1, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005971-2000 BEFORE: BENDER, P.J.E., OTT, J., and FITZGERALD, J.* MEMORANDUM BY BENDER, P.J.E.: FILED NOVEMBER 15, 2017 Appellant, Antonio Molina, appeals from the post-conviction court’s order denying, as untimely, his fourth petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. After careful review, we affirm. This Court previously summarized the facts and procedural history of Molina’s case, as follows: In January 1993, Molina, the leader of a small drug ring in Philadelphia, hired a “hit man” to murder the victim, whom Molina believed had robbed and shot him a few months earlier. One of the individuals who had sold drugs for Molina, Mariano De Los Santos (“De Los Santos”), testified on behalf of the Commonwealth at Molina’s trial. Specifically, De Los Santos testified to overhearing Molina’s negotiations with a hit man concerning the planned murder. Additionally, Ramon Guaba ____________________________________________ * Former Justice specially assigned to the Superior Court. J-S59007-17 (“Guaba”), a Commonwealth witness, testified to overhearing a similar conversation. The victim was shot to death on January 21, 1993, and Molina paid the hit man $5,000 after confirming that the victim was dead. In September 2002, the matter proceeded to a non-jury trial, at the close of which the trial court found Molina guilty of first-degree murder and criminal conspiracy. The trial court sentenced Molina to life in prison. This Court affirmed the judgment of sentence, after which the Pennsylvania Supreme Court denied allowance of appeal. See Commonwealth v. Molina, 847 A.2d 759 (Pa. Super. 2004) (unpublished memorandum), appeal denied, 864 A.2d 529 (Pa. 2004). In the following years, Molina filed two pro se PCRA Petitions, both of which were dismissed, and the dismissals were affirmed on appeal. See Commonwealth v. Molina, 932 A.2d 259 (Pa. Super. 2007) (unpublished memorandum), appeal denied, 937 A.2d 444 (Pa. 2007); Commonwealth v. Molina, 60 A.3d 847 (Pa. Super. 2012) (unpublished memorandum), appeal denied, 63 A.3d 775 (Pa. 2013). Commonwealth v. Molina, No. 2347 EDA 2014, unpublished memorandum at 1-2 (Pa. Super. filed March 30, 2015). On August 16, 2013, Molina filed a third, pro se PCRA petition, which was subsequently denied by the PCRA court as being untimely filed. This Court affirmed on appeal, and our Supreme Court denied Molina’s subsequent petition for allowance of appeal. See Commonwealth v. Molina, 120 A.3d 1065 (Pa. Super. 2015) (unpublished memorandum), appeal denied, 120 A.3d 1065 (Pa. 2015). On August 31, 2015, Molina filed his fourth, pro se PCRA petition, which underlies the present appeal. On April 8, 2016, the PCRA court issued a Pa.R.Crim.P. 907 notice of its intent to dismiss Molina’s petition, to which Molina filed a timely response. Nevertheless, on August 1, 2016, the PCRA -2- J-S59007-17 court issued an ...

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