Com. v. King, A.

Opinion

J-S03023-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

ARNOLD KING

Appellant No. 1588 EDA 2014

Appeal from the PCRA Order April 30, 2014 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0510261-1979

BEFORE: FORD ELLIOTT, P.J.E., PANELLA, J., and OTT, J.

JUDGMENT ORDER BY PANELLA, J. FILED MARCH 24, 2015

Appellant, Arnold King, appeals from the order granting restoration of

his appellate rights from a November 19, 2008 order denying his fourth

petition pursuant to the Post Conviction Relief Act (“PCRA”). King is

currently serving a life-sentence after being convicted of murdering a deli

owner during an armed robbery. We quash the appeal, as King is not an

aggrieved party of the order he has appealed. See Pa.R.A.P., Rule 501;

Commonwealth v. Polo, 759 A.2d 372, 373 n.1 (Pa. 2000). We further

note that the PCRA court was without jurisdiction to grant nunc pro tunc

relief pursuant to King’s fifth, untimely amended petition, which did not

allege any exceptions to the PCRA’s time bar. See Commonwealth v.

Wharton, 886 A.2d 1120, 1125-1126 (Pa. 2005).

Appeal quashed. Jurisdiction relinquished. J-S03023-15

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 3/24/2015

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