J-S02010-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : NASIO TERRENCE : : Appellant : No. 1032 EDA 2021 Appeal from the PCRA Order Entered April 21, 2021 In the Court of Common Pleas of Monroe County Criminal Division at No(s): CP-45-CR-0001819-2018 BEFORE: OLSON, J., KING, J., and McCAFFERY, J. MEMORANDUM BY OLSON, J.: FILED FEBRUARY 28, 2022 Appellant, Nasio Terrence, appeals from an order entered in the Criminal Division of the Court of Common Pleas of Monroe County on April 21, 2021, which dismissed his petition filed pursuant to the Post-Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. In addition, counsel for Appellant, Lauren E. Allu, Esquire, has applied to withdraw as counsel pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). We affirm the PCRA court's order dismissing Appellant's PCRA petition and grant counsel's application to withdraw. At the conclusion of trial in September 2019, a jury found Appellant guilty of two counts of robbery, two counts of criminal conspiracy to commit robbery, reckless endangerment, simple assault, and related offenses. On November 21, 2019, the trial court imposed an aggregate sentence of nine to J-S02010-22 18 months of imprisonment and awarded Appellant 21 days credit for time served in the Monroe County Correctional Facility between his arrest and the time his bail was modified. Appellant did not appeal his conviction or sentence to this Court. Because we ultimately conclude that Appellant’s ineligibility for relief under the PCRA is dispositive of the matters before us, we briefly detail the facts surrounding Appellant’s service of his sentence. Appellant remained incarcerated in the Monroe County Correctional Facility until he was paroled on August 4, 2020. Appellant was not released at that time, however. Instead, on August 5, 2020, Appellant was transferred to the Pike County Correctional Facility where he remained incarcerated pursuant to a detainer lodged by Immigration and Customs Enforcement (“ICE”), as Appellant is not a United States citizen. Appellant remained incarcerated in Pike County even after his sentence expired on May 1, 2021, due to the ICE Detainer. Eventually, Appellant was relocated to York County Prison and, thereafter, to the Glades County Detention Center in Moore Haven, Florida where he has remained during the pendency of this appeal. Appellant filed a pro se PCRA petition and accompanying legal memorandum on February 18, 2021. The PCRA court convened a hearing on Appellant’s petition on April 21, 2021. At the conclusion of that proceeding, the PCRA court denied Appellant’s petition. On April 27, 2021, Appellant’s counsel moved for reconsideration, which request was denied on April 28, 2021. A timely notice of appeal followed on May 7, 2021. -2- J-S02010-22 Before this Court, in lieu of an advocate's brief, counsel filed a petition to withdraw and no-merit letter pursuant to Turner and Finley. Before we consider the merits of the issues raised on …
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