Commonwealth v. Bartone, 060120 PASUP, 1345 MDA 2019

Docket Nº:1345 MDA 2019
Opinion Judge:LAZARUS, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. GARY DANIEL BARTONE Appellant
Judge Panel:BEFORE: LAZARUS, J., DUBOW, J., and KING, J.
Case Date:June 01, 2020
Court:Superior Court of Pennsylvania
 
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COMMONWEALTH OF PENNSYLVANIA

v.

GARY DANIEL BARTONE Appellant

No. 1345 MDA 2019

Superior Court of Pennsylvania

June 1, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the PCRA Order Entered July 26, 2019 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001521-2007

BEFORE: LAZARUS, J., DUBOW, J., and KING, J.

MEMORANDUM

LAZARUS, J.

Gary Daniel Bartone appeals pro se from the trial court's order denying his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. After careful review, we affirm.

In November of 2008, Bartone was convicted, by a jury, of five counts of indecent assault, four counts each of involuntary deviate sexual intercourse and aggravated indecent assault, two counts each of corruption of minors and furnishing alcohol to minors, and one count of sexual assault. On March 30, 2009, Bartone was sentenced to 18-36 years of incarceration and deemed to be a "sexually violent predator" (SVP).

Bartone filed a motion to modify sentence which was denied on April 9, 2009. Bartone filed a timely direct appeal; our Court affirmed his judgment of sentence on April 2, 2012. Thereafter, the Pennsylvania Supreme Court denied Bartone's petition for allowance of appeal. Bartone filed a timely pro se PCRA petition on July 12, 2012, which was denied, following a hearing, on June 3, 2013. Bartone filed a collateral appeal to this Court; we affirmed the denial of his petition in October 2013. The Pennsylvania Supreme Court denied Bartone's petition for allowance of appeal in January 2015. As Bartone acknowledges in his brief, the procedural history from January 2015 to August 2018 is "somewhat convoluted." Appellant's Brief at 5. What we are able to discern, however, is that Bartone sought some form of state and federal habeas corpus relief.1

Bartone's most recent PCRA petition was filed on August 2, 2018. On June 17, 2019, the trial court issued a Pa.R.Crim.P. 907 notice of intent to dismiss Bartone's petition without a hearing. Bartone filed pro se objections to the court's notice; however, on July 23, 2019, the court dismissed the PCRA petition as untimely. This pro se appeal follows. Bartone raises the following issue for our consideration: [Did] the PCRA court err[] as a matter of law and abuse[] its discretion when failing to correct a blatant injustice specifically...

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