Com. v. Matox, T.

• Court: Superior Court of Pennsylvania
• Decided: September 16, 2024
• Docket: 2658 EDA 2023
• Status: Unpublished

Opinion

J-S23020-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : TERRILL MATOX : : Appellant : No. 2657 EDA 2023

Appeal from the Order Entered October 23, 2023 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0005113-2020

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : TERRILL MATOX : : Appellant : No. 2658 EDA 2023

Appeal from the Order Entered October 23, 2023 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0003980-2021

BEFORE: STABILE, J., KING, J., and COLINS, J.*

JUDGMENT ORDER BY KING, J.: FILED SEPTEMBER 16, 2024

Appellant, Terrill Matox,1 appeals from the order entered in the

Montgomery County Court of Common Pleas, which dismissed his petition filed

pursuant to the Post Conviction Relief Act (“PCRA”), at 42 Pa.C.S.A. §§ 9541-

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* Retired Senior Judge assigned to the Superior Court.

1 Some filings refer to Appellant’s last name as “Mattox.” J-S23020-24

9546. We affirm.

The relevant facts and procedural history of this case are as follows. On

July 14, 2022, Appellant entered negotiated guilty pleas at the above-

captioned docket numbers. Specifically, at docket No. 5113-2020, Appellant

pled guilty to one count of possession of a controlled substance with the intent

to deliver (“PWID”), in exchange for a sentence of 11½ to 23 months of

incarceration.2 At docket No. 3980-2021, Appellant pled guilty to one count

of PWID, in exchange for a sentence of 11½ to 23 months of incarceration, 3

to run concurrent with his sentence at No. 5113-2020. The court accepted

Appellant’s negotiated guilty pleas and imposed the agreed-upon sentences

that day. Appellant did not file a post-sentence motion or direct appeal.

On June 13, 2023, Appellant filed a timely pro se PCRA petition at both

underlying dockets. On August 15, 2023, appointed counsel filed a

Turner/Finley4 no-merit letter and motion to withdraw. On September 11,

2023, the PCRA court sent Appellant notice of its intent to dismiss the petition

without a hearing pursuant to Pa.R.Crim.P. 907.

On October 3, 2023, prior to the formal denial of PCRA relief, Appellant

filed premature notices of appeal at each underlying docket. On October 23,

2 With credit for time served from September 13, 2020.

3 With credit for time served from May 25, 2021.

4 Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc).

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2023, the PCRA court formally denied PCRA relief. 5 The PCRA court did not

order, and Appellant did not file, a Pa.R.A.P. 1925(b) concise statement of

errors on appeal.

As a preliminary matter, we observe that a PCRA petitioner must be

currently serving a sentence of imprisonment, probation, or parole for the

conviction at issue to be eligible for PCRA relief. 42 Pa.C.S.A. § 9543(a)(1)(i).

A petitioner who has completed his sentence is no longer eligible for post-

conviction relief. Commonwealth v. Soto, 983 A.2d 212, 213 (Pa.Super.

2009), appeal denied, 610 Pa. 577, 17 A.3d 1253 (2011).

Instantly, the court sentenced Appellant on July 14, 2022, to concurrent

terms of 11½ to 23 months’ imprisonment, with credit for time served. Thus,

the record indicates that Appellant has already finished serving his maximum

sentence for these crimes.6 Because Appellant’s sentences have expired, he

is not eligible for relief under the PCRA. See 42 Pa.C.S.A. § 9543(a)(1)(i);

Soto, supra. Accordingly, we affirm.

Order affirmed.

5 Appellant’s premature notices of appeal relate forward to the date the court

formally denied PCRA relief. See Pa.R.A.P. 905(a)(5) (stating: “A notice of appeal filed after the announcement of a determination but before the entry of an appealable order shall be treated as filed after such entry and on the day thereof”). On February 23, 2024, this Court consolidated the appeals.

6 Although Appellant appears to still be incarcerated, nothing in the record indicates that it is still for the crimes at issue. (See https:// https://inmatelocator.cor.pa.gov/, last visited September 13, 2024).

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Date: 9/16/2024

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