Commonwealth v. Brown, 840 EDA 2021

CourtPennsylvania Superior Court
Writing for the CourtBOWES, J.
PartiesCOMMONWEALTH OF PENNSYLVANIA v. JAMES BROWN Appellant
Decision Date15 December 2021
Docket Number840 EDA 2021,J-A26014-21

COMMONWEALTH OF PENNSYLVANIA
v.

JAMES BROWN Appellant

No. 840 EDA 2021

No. J-A26014-21

Superior Court of Pennsylvania

December 15, 2021


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the PCRA Order Entered March 22, 2021 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0009330-2011

BEFORE: BOWES, J., STABILE, J., and McCAFFERY, J.

MEMORANDUM

BOWES, J.

James Brown appeals from the March 22, 2021 order dismissing as untimely his pro se petition for relief pursuant to the Post-Conviction Relief Act ("PCRA"). We affirm.

This Court provided an apt summary of the factual and procedural history of the above-captioned case, as follows:

On June 26, 2011, Gwenervere Presley (hereinafter, "the victim") had her aunt drive to the ATM at 50th and Baltimore Avenue, in the city and county of Philadelphia. The victim's 13-year-old daughter, Royalti, rode with them They arrived at the ATM at approximately 11:30 a.m. The victim exited the vehicle. Her aunt and Royalti waited in the car. The victim withdrew $100 from the ATM. She put the money in her pocket. She then proceeded to make another ATM withdrawal. As she was waiting for the transaction to be completed, she felt someone standing unusually close to her She looked up and saw a man's face. He was standing to her left side, right next to her. The man showed the victim a gun in his waist. She started screaming. The man then pointed the gun at her and told her to give him her money. She began to scream more frantically. She feared for her life. She
1
gave the man $100. He then turned around, walked to a car parked on the corner of 50th and Baltimore Avenue, entered the passenger side of the car, and rode off. Royalti had the presence of mind to get the license plate number off the car the man entered and place[d] it in her cell phone
Using the tag number obtained by the victim's daughter, police identified Ernest Matthews as the owner of the vehicle in which the suspect fled. Upon questioning, Matthews identified [Appellant] as the individual seen riding away in his car after the victim was robbed. On July 12, 2011, the victim identified [Appellant] from a photo array as the man who had robbed her.
On October 29, 2015, a jury found [Appellant] guilty of robbery and PIC. Following the jury verdict, the parties proceeded to a stipulated waiver trial on the charge of possession of [a] firearm by person prohibited, after which the court entered a guilty verdict. On May 11, 2016, the court sentenced [Appellant] to an aggregate sentence of 32 [and one-half] to 65 [years of imprisonment].

Commonwealth v. Brown, 200 A.3d 986, 989 (Pa.Super. 2018). On December 11, 2018, this Court affirmed Appellant's judgment of sentence. Id. at 995. He did not seek allowance of appeal in our Supreme Court.

Appellant filed a timely pro se PCRA petition and counsel was appointed to represent him. Ultimately, counsel filed a petition to withdraw his representation pursuant to ...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT