J-S18002-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MOHAMMAD SOHAIL SALEEM : : Appellant : No. 1582 MDA 2018 Appeal from the PCRA Order Entered September 4, 2018 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000565-2014 BEFORE: BOWES, J., NICHOLS, J., and STEVENS,* P.J.E. MEMORANDUM BY BOWES, J.: FILED APRIL 17, 2019 Mohammad Sohail Saleem appeals from the September 4, 2018 order treating his petition for habeas corpus as a PCRA petition, and dismissing it as untimely. We affirm. Appellant was charged at two criminal numbers in March and May of 2014 with multiple counts of sexual assault, indecent assault, and one count of involuntary deviate sexual intercourse involving two different female victims who were his employees of his small business. On April 21, 2015, he entered a negotiated guilty plea to two counts of indecent assault at No. 0565, and one count each of indecent assault and harassment at No. 1112. The remaining charges were non prossed. He was sentenced on June 3, 2015, to two consecutive terms of imprisonment of nine months to four years, and $200 in fines at No. 0565, and a consecutive term of imprisonment of three months to two years in a state correctional facility. The harassment conviction ____________________________________ * Former Justice specially assigned to the Superior Court. J-S18002-19 merged for sentencing purposes. In the sentencing order, the court noted that Appellant met the criteria to be classified as a sexually violent predator (“SVP”) under Megan’s Law, and further, that Appellant might be impacted by “collateral immigration consequences.” Order, 6/3/15, at 2. Appellant filed an untimely post-sentence motion asking the court to modify his sentence or, in the alternative, permit him to withdraw his plea as it was not entered into voluntarily, knowingly, and intelligently. He alleged that he was incorrectly informed that he would be deported immediately, but subsequently learned that he would have to serve his sentence first. The court denied him the right to file the motion nunc pro tunc, but granted him leave to file a PCRA petition. On August 31, 2015, Appellant filed a counseled PCRA petition in which he alleged that he pled guilty based upon statements made by his counsel and the assistant district attorney. After a hearing, the court found no ineffectiveness and denied relief. On appeal, this Court affirmed. Commonwealth v. Saleem, 168 A.3d 357 (Pa.Super. 2017) (unpublished memorandum). Appellant filed a second pro se PCRA petition on April 6, 2017, which the PCRA court dismissed without a hearing as untimely. We affirmed on May 1, 2018. Commonwealth v. Saleem, 192 A.3d 207 (Pa.Super. 2018) (unpublished memorandum). On May 10, 2018, Appellant filed a petition for writ of habeas corpus challenging his status as an SVP after Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (finding SORNA registration punitive). The PCRA court -2- J-S18002-19 appointed counsel and directed him to file an ...
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