Com. v. Reddy, M. ( 2019 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
MARKEITH REDDY, No. 163 EDA 2019
Appellant
Appeal from the PCRA Order Entered December 6, 2018
in the Court of Common Pleas of Chester County
Criminal Division at No. CP-15-CR-0003228-2015
BEFORE: BENDER, P.J.E., LAZARUS, J., AND FORD ELLIOTT, P.J.E.
JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.: FILED AUGUST 12, 2019
Markeith Reddy appeals pro se from the December 6, 2018 order
entered in the Court of Common Pleas of Chester County dismissing his third
PCRA petition filed pursuant to the Post Conviction Relief Act ("PCRA"),
42 Pa.C.S.A. §§ 9541-9546. We affirm.
A brief synopsis of the procedural history of this case, as gleaned from
the certified record, is as follows: On March 10, 2016, appellant pled guilty to
possession of a firearm prohibited; DUI: controlled substance-impaired
ability -2nd offense; driving with a BAC .02% or greater while license
suspended; and manufacture, delivery, or possession with the intent to
manufacture or deliver a controlled substance.' That same day, the trial court
'18 Pa.C.S.A. § 6105(a)(1), 75 Pa.C.S.A. §§ 3802(d)(2), 1543(b)(1.1), and
35 P.S § 780-113(a)(30), respectively.
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sentenced appellant to an aggregate term of 61/2 to 10 years' imprisonment.
Appellant appealed his judgment of sentence, and the appeal was quashed as
untimely. See Commonwealth v. Reddy, No. 1528 EDA 2016, per curiam
order (Pa.Super. filed August 5, 2016). Appellant filed his first PCRA petition
on November 29, 2016, and his second PCRA petition on October 16, 2017;
the PCRA petitions were subsequently dismissed pursuant to
Pa.R.Crim.P. 907(1). On October 23, 2018, appellant filed pro se this PCRA
petition, his third. On October 30, 2018, the PCRA court notified appellant of
its intent to dismiss the PCRA petition pursuant to Rule 907(1). Appellant filed
a timely response. The PCRA court dismissed the PCRA petition on
December 6, 2018. Appellant filed a timely notice of appeal.2
On January 14, 2019, the PCRA court ordered appellant to file a concise
statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b)
within 21 days. (PCRA court order, 1/14/19.) The order also cautioned
appellant that any issue not raised in a timely filed Rule 1925(b) statement
would be waived. Id. Appellant did not file a Rule 1925(b) statement. On
2 We note that the post -mark on the envelope that accompanied appellant's
notice of appeal indicated that it was deposited with prison authorities on
December 28, 2018, before the 30 -day appeal period expired; but the notice
of appeal was not entered on the docket until January 7, 2019, after the
30 -day appeal period expired. Where a pro se appellant is incarcerated, as
is the case here, the prisoner mailbox rule applies, and an appeal is deemed
filed on the date the prisoner deposits the appeal with prison authorities or
places it in a prison mailbox. See Commonwealth v. Chambers, 35 A.3d
34, 38 (Pa.Super. 2011), appeal denied, 46 A.3d 715 (Pa. 2012).
Accordingly, we deem the instant appeal to be timely.
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February 22, 2019, the PCRA court issued an order in lieu of a Rule 1925(a)
opinion stating, "the Court presumes the waiver of all objections to this Court's
Order dated December 6, 2018," because appellant failed to timely file a
Rule 1925(b) statement. (PCRA court order, 2/22/19.)
Indeed, the record reveals that appellant never filed a Rule 1925(b)
statement. It is well established that the failure to file a court -ordered
Rule 1925(b) statement results in the waiver of all claims on appeal. See
Commonwealth v. Auchmuty, 799 A.2d 823, 825 (Pa.Super. 2002)
(holding that a pro se appellant's failure to file a court -ordered Rule 1925(b)
statement results in waiver of all issues on appeal); see also
Pa.R.A.P. 1925(b)(4)(vii) (stating, "[i]ssues not included in the Statement
and/or not raised in accordance with the provisions of this paragraph (b)(4)
are waived."). Accordingly, appellant has waived all issues on appeal.
Order affirmed.
Judgment Entered.
J seph D. Seletyn,
Prothonotary
Date: 8/12/19
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