[J-76-2023] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 804 CAP Appellee Appeal from the Order entered on January 30, 2023 in the Court of V. Common Pleas of York County, Criminal Division, at No. CP-67-CR- 0002844-1995.

JOHN AMOS SMALL, Appellant : SUBMITTED: December 11, 2023

ORDER

PER CURIAM DECIDED: March 21, 2024 AND NOW, this 21St day of March, 2024, the Order of the Court of Common Pleas of York County is AFFIRMED. See 42 Pa.C.S. §9545(b)(1)(ii) ( requiring "the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence").