J-S31012-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. MIGUEL ANGEL LANDRAU-MELENDEZ Appellee No. 1684 MDA 2015

Appeal from the PCRA Order August 31, 2015 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000309-2010

BEFORE: SHOGAN, J., OTT, J., and STRASSBURGER, J.* CONCURRING STATEMENT BY OTT, J.: FILED JULY 15, 2016 I agree with the Majority’s conclusion that Landrau-Melendez’s third PCRA petition was untimely filed, and that he has failed to prove the applicability of one of the time-for-filing exceptions. I write separately to underscore my appreciation of the PCRA court’s efforts to rectify counsel’s ineffectiveness for, admittedly, failing to properly file a petition for allowance of appeal in the Pennsylvania Supreme Court, and then for providing Landrau-Melendez with incorrect information concerning his time for seeking relief. Unfortunately for Landrau-Melendez, his PCRA petition is now time- barred.

Judge Strassburger joins the concurring statement.

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* Retired Senior Judge assigned to the Superior Court.