Commonwealth v. Sanchez
Commonwealth v. Sanchez
Opinion
Virgilio Sanchez, a/k/a Roberto Molino, appeals pro se from the trial court's order dismissing, as untimely, his fifth petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541 - 9546. After review, we affirm.
In 1997, Sanchez was convicted of first-degree murder
1
and possessing an instrument of crime (PIC),
2
after shooting and fatally wounding the victim, execution-style, in a Philadelphia bar. Sanchez was sentenced to life imprisonment for murder, plus a consecutive term of 2½ to 5 years in prison for PIC. He filed an unsuccessful direct appeal,
Co
mmonwealth v. Molino
, No.
On appeal, Sanchez raises one issue for our consideration: Did the court err in determining that [Sanchez] failed to invoke an exception to the timeliness requirements o[f] the PCRA[?] Appellant's Brief, at 4.
Generally, a petition for PCRA relief, including a second or subsequent petition, must be filed within one year of the date the judgment is final.
See
42 Pa.C.S.A. § 9545(b)(3) ;
see also
Commonwealth v. Alcorn
,
In his petition, which he acknowledges is patently untimely
4
under the PCRA, Sanchez alleges that Philadelphia Detective George Pirrone may have done "shady work in [his] case" based on a Pennsylvania Law Weekly article that he read in the prison library. Specifically, Sanchez alleges a "newly-discovered fact" under section 9545(b)(1)(ii) of the PCRA, saves his untimely petition from the well-established filing deadline. The timeliness exception set forth in section 9545(b)(1)(ii) requires a petitioner to demonstrate he did not know the facts upon which he based his petition and could not have learned of those facts earlier by the exercise of due diligence. Due diligence demands that the petitioner take reasonable steps to protect his own interests; a petitioner must explain why he could not have learned the new facts earlier with the exercise of due diligence.
Commonwealth v. Brown
,
The "newly-discovered fact" Sanchez alleges is that on April 21, 2016, a jury found Detective Pirrone liable for malicious prosecution
*527
and false arrest.
See
Alleyne v. Pirrone
,
First, Sanchez does not explain how the facts regarding Pirrone's civil judgments could not have been ascertained sooner by the exercise of due diligence. 42 Pa.C.S.A. § 9545(b)(1)(ii). Second, Sanchez did not file his petition until April 17, 2017, almost one year after Pirrone was found liable. Thus, he does not meet the 60-day time requirement under section 9545(b)(2), and the PCRA court did not have the power to address the substantive merits of Sanchez's PCRA claims. Brown , supra . Thus, the PCRA court properly dismissed Sanchez's petition as untimely. 6
Order affirmed.
18 Pa.C.S. § 2502.
18 Pa.C.S. § 907.
Section 9545(b)(2) was amended on October 24, 2018, effective in 60 days (Dec. 24, 2018), extending the time for filing from sixty (60) days of the date the claim could have been presented, to one year. The amendment shall apply to claims arising on December 24, 2017, or thereafter. See Act 2018, Oct. 24, P.L. 894, No. 146, § 3. Since Sanchez's petition was filed on April 13, 2017, the 60-day time limit applies to this case.
Sanchez filed the instant petition on April 17, 2017. Sanchez's judgment of sentence became final on April 12, 2000, when the time expired for him to file a petition for certiorari with the United States Supreme Court. See 42 Pa.C.S.A. § 9545(b)(3) ; Sup. Ct. R. 13 (parties have 90 days to file petition for certiorari United States Supreme Court from denial of Pennsylvania Supreme Court's petition for allowance of appeal). Thus, he had until April 12, 2001 to file a timely PCRA petition. His current petition was filed more than sixteen years after that deadline.
We note that on appeal, the Commonwealth Court reversed Detective Pirrone's civil judgments, concluding that: (1) malicious prosecution and false arrest judgments were infirm because improprieties by detective did not rise to the level of preventing any reasonable person from believing that defendant had committed a crime; and (2) evidence of false arrest immediately available on the scene provided officer with reasonable basis to suspect defendant committed crime and that detention was based upon probable cause.
See
Alleyne v. Pirrone
,
Moreover, even if Sanchez had proven due diligence and filed his petition within 60 days of the date of the Pirrone verdict, it ultimately would not have afforded him any relief. In
Commonwealth v. Foreman
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.