J-S46043-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CHARLES BRANTLEY ROSS : : Appellant : No. 1030 WDA 2025
Appeal from the PCRA Order Entered July 9, 2025 In the Court of Common Pleas of Indiana County Criminal Division at No(s): CP-32-CR-0000827-2021
BEFORE: BOWES, J., NICHOLS, J., and KING, J.
MEMORANDUM BY KING, J.: FILED: February 19, 2026
Appellant, Charles Brantley Ross, appeals from the order entered in the
Indiana County Court of Common Pleas, which dismissed as untimely his first
petition filed pursuant to the Post Conviction Relief Act (“PCRA”).1 We affirm.
The relevant facts and procedural history of this matter are as follows.
On December 20, 2022, a jury convicted Appellant of aggravated assault and
resisting arrest, and the trial court convicted Appellant of public drunkenness
and disorderly conduct. On January 20, 2023, the court sentenced Appellant
to an aggregate term of 18 months to 5 years of incarceration. On January
27, 2023, Appellant filed a post-sentence motion, which the trial court denied
on April 24, 2023 (with notice sent April 26, 2023). Appellant did not file a
direct appeal.
____________________________________________
1 42 Pa.C.S.A. §§ 9541-9546. J-S46043-25
On December 20, 2024, Appellant filed a pro se PCRA petition,
requesting that the court restore his direct appeal rights nunc pro tunc. The
court appointed counsel, who filed an amended petition. On July 2, 2025, the
court held an evidentiary hearing on Appellant’s petition. At the hearing,
Appellant claimed that he had written several letters to trial counsel,
requesting that counsel file an appeal. Trial counsel did not testify at the
hearing. On July 9, 2025, the court entered an order denying the petition as
untimely filed. On August 1, 2025, Appellant timely filed a notice of appeal
and a contemporaneous Pa.R.A.P. 1925(b) statement of errors complained of
on appeal.
On appeal, Appellant raises the following issue for our review:
I. Whether the [PCRA] Court erred in finding that the Appellant’s third PCRA Petition was not timely filed?[2]
(Appellant’s Brief at 4).
The timeliness of a PCRA petition is a jurisdictional requisite.
Commonwealth v. Zeigler, 148 A.3d 849 (Pa.Super. 2016). A PCRA
petition, including a second or subsequent petition, shall be filed within one
year of the date the underlying judgment of sentence becomes final. 42
Pa.C.S.A. § 9545(b)(1). A judgment of sentence is final “at the conclusion of
direct review, including discretionary review in the Supreme Court of the
2 The word “third” in Appellant’s statement of questions presented appears to
be a typographical error. The record reflects that the instant PCRA was Appellant’s first.
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United States and the Supreme Court of Pennsylvania, or at the expiration of
time for seeking the review.” 42 Pa.C.S.A. § 9545(b)(3).
To obtain merits review of a PCRA petition filed more than one year after
the judgment of sentence became final, the petitioner must allege and prove
at least one of the three timeliness exceptions:
(i) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.
42 Pa.C.S.A. § 9545(b)(1)(i)-(iii). As well, “[a]ny petition invoking an
exception...shall be filed within one year of the date the claim could have been
presented.” 42 Pa.C.S.A. § 9545(b)(2).
To meet the “newly-discovered facts” timeliness exception set forth in
Section 9545(b)(1)(ii), a petitioner must demonstrate that “he did not know
the facts upon which he based his petition and could not have learned those
facts earlier by the exercise of due diligence.” Commonwealth v. Brown,
111 A.3d 171, 176 (Pa.Super. 2015), appeal denied, 633 Pa. 761, 125 A.3d
1197 (2015). Due diligence requires the petitioner to take reasonable steps
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to protect his own interests. Commonwealth v. Carr, 768 A.2d 1164
(Pa.Super. 2001). A petitioner must explain why he could not have learned
the new fact(s) earlier with the exercise of due diligence; this rule is strictly
enforced. Commonwealth v. Monaco, 996 A.2d 1076 (Pa.Super. 2010),
appeal denied, 610 Pa. 607, 20 A.3d 1210 (2011). However,
it does not require perfect vigilance nor punctilious care, but rather it requires reasonable efforts by a petitioner, based on the particular circumstances to uncover facts that may support a claim for collateral relief. As such, the due diligence inquiry is fact-sensitive and dependent upon the circumstances presented.
Commonwealth v. Brensinger, 218 A.3d 440, 447-48 (Pa.Super. 2019) (en
banc) (citations and quotations omitted).
Instantly, Appellant’s judgment of sentence became final on May 26,
2023, at the expiration of his time to file a direct appeal. See Pa.R.A.P. 903;
Pa.R.Crim.P. 720. See also 42 Pa.C.S.A. § 9545(b)(3). As such, Appellant
had one year thereafter to timely file a PCRA petition. Appellant’s current
petition filed on December 20, 2024, is patently untimely.
On appeal, Appellant attempts to invoke the newly-discovered facts
exception to the PCRA’s jurisdictional time bar. Appellant asserts that once
he became aware that counsel had not filed the requested appeal on his behalf
following the denial of his post-sentence motions, Appellant filed his pro se
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PCRA petition.3
Additionally, Appellant relies on Commonwealth v. Burton, 638 Pa.
687, 158 A.3d 618 (2017), to afford him relief. In Burton, our Supreme Court
held that the “public record presumption” (previously providing that
information of public record cannot be “unknown” for purposes of the newly-
discovered facts exception) does not apply to pro se incarcerated PCRA
petitioners. Nevertheless, Burton did not relieve a PCRA petitioner of the
obligation to exercise due diligence. See id. at 719-20, 158 A.3d at 638.
Specifically, the Supreme Court observed:
[C]onsistent with the statutory language, in determining whether a petitioner qualifies for the exception to the PCRA’s time requirements pursuant to subsection 9545(b)(1)(ii), the PCRA court must first determine whether “the facts upon which the claim is predicated were unknown to the petitioner.” In some cases, this may require a hearing.
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J-S46043-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CHARLES BRANTLEY ROSS : : Appellant : No. 1030 WDA 2025
Appeal from the PCRA Order Entered July 9, 2025 In the Court of Common Pleas of Indiana County Criminal Division at No(s): CP-32-CR-0000827-2021
BEFORE: BOWES, J., NICHOLS, J., and KING, J.
MEMORANDUM BY KING, J.: FILED: February 19, 2026
Appellant, Charles Brantley Ross, appeals from the order entered in the
Indiana County Court of Common Pleas, which dismissed as untimely his first
petition filed pursuant to the Post Conviction Relief Act (“PCRA”).1 We affirm.
The relevant facts and procedural history of this matter are as follows.
On December 20, 2022, a jury convicted Appellant of aggravated assault and
resisting arrest, and the trial court convicted Appellant of public drunkenness
and disorderly conduct. On January 20, 2023, the court sentenced Appellant
to an aggregate term of 18 months to 5 years of incarceration. On January
27, 2023, Appellant filed a post-sentence motion, which the trial court denied
on April 24, 2023 (with notice sent April 26, 2023). Appellant did not file a
direct appeal.
____________________________________________
1 42 Pa.C.S.A. §§ 9541-9546. J-S46043-25
On December 20, 2024, Appellant filed a pro se PCRA petition,
requesting that the court restore his direct appeal rights nunc pro tunc. The
court appointed counsel, who filed an amended petition. On July 2, 2025, the
court held an evidentiary hearing on Appellant’s petition. At the hearing,
Appellant claimed that he had written several letters to trial counsel,
requesting that counsel file an appeal. Trial counsel did not testify at the
hearing. On July 9, 2025, the court entered an order denying the petition as
untimely filed. On August 1, 2025, Appellant timely filed a notice of appeal
and a contemporaneous Pa.R.A.P. 1925(b) statement of errors complained of
on appeal.
On appeal, Appellant raises the following issue for our review:
I. Whether the [PCRA] Court erred in finding that the Appellant’s third PCRA Petition was not timely filed?[2]
(Appellant’s Brief at 4).
The timeliness of a PCRA petition is a jurisdictional requisite.
Commonwealth v. Zeigler, 148 A.3d 849 (Pa.Super. 2016). A PCRA
petition, including a second or subsequent petition, shall be filed within one
year of the date the underlying judgment of sentence becomes final. 42
Pa.C.S.A. § 9545(b)(1). A judgment of sentence is final “at the conclusion of
direct review, including discretionary review in the Supreme Court of the
2 The word “third” in Appellant’s statement of questions presented appears to
be a typographical error. The record reflects that the instant PCRA was Appellant’s first.
-2- J-S46043-25
United States and the Supreme Court of Pennsylvania, or at the expiration of
time for seeking the review.” 42 Pa.C.S.A. § 9545(b)(3).
To obtain merits review of a PCRA petition filed more than one year after
the judgment of sentence became final, the petitioner must allege and prove
at least one of the three timeliness exceptions:
(i) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.
42 Pa.C.S.A. § 9545(b)(1)(i)-(iii). As well, “[a]ny petition invoking an
exception...shall be filed within one year of the date the claim could have been
presented.” 42 Pa.C.S.A. § 9545(b)(2).
To meet the “newly-discovered facts” timeliness exception set forth in
Section 9545(b)(1)(ii), a petitioner must demonstrate that “he did not know
the facts upon which he based his petition and could not have learned those
facts earlier by the exercise of due diligence.” Commonwealth v. Brown,
111 A.3d 171, 176 (Pa.Super. 2015), appeal denied, 633 Pa. 761, 125 A.3d
1197 (2015). Due diligence requires the petitioner to take reasonable steps
-3- J-S46043-25
to protect his own interests. Commonwealth v. Carr, 768 A.2d 1164
(Pa.Super. 2001). A petitioner must explain why he could not have learned
the new fact(s) earlier with the exercise of due diligence; this rule is strictly
enforced. Commonwealth v. Monaco, 996 A.2d 1076 (Pa.Super. 2010),
appeal denied, 610 Pa. 607, 20 A.3d 1210 (2011). However,
it does not require perfect vigilance nor punctilious care, but rather it requires reasonable efforts by a petitioner, based on the particular circumstances to uncover facts that may support a claim for collateral relief. As such, the due diligence inquiry is fact-sensitive and dependent upon the circumstances presented.
Commonwealth v. Brensinger, 218 A.3d 440, 447-48 (Pa.Super. 2019) (en
banc) (citations and quotations omitted).
Instantly, Appellant’s judgment of sentence became final on May 26,
2023, at the expiration of his time to file a direct appeal. See Pa.R.A.P. 903;
Pa.R.Crim.P. 720. See also 42 Pa.C.S.A. § 9545(b)(3). As such, Appellant
had one year thereafter to timely file a PCRA petition. Appellant’s current
petition filed on December 20, 2024, is patently untimely.
On appeal, Appellant attempts to invoke the newly-discovered facts
exception to the PCRA’s jurisdictional time bar. Appellant asserts that once
he became aware that counsel had not filed the requested appeal on his behalf
following the denial of his post-sentence motions, Appellant filed his pro se
-4- J-S46043-25
PCRA petition.3
Additionally, Appellant relies on Commonwealth v. Burton, 638 Pa.
687, 158 A.3d 618 (2017), to afford him relief. In Burton, our Supreme Court
held that the “public record presumption” (previously providing that
information of public record cannot be “unknown” for purposes of the newly-
discovered facts exception) does not apply to pro se incarcerated PCRA
petitioners. Nevertheless, Burton did not relieve a PCRA petitioner of the
obligation to exercise due diligence. See id. at 719-20, 158 A.3d at 638.
Specifically, the Supreme Court observed:
[C]onsistent with the statutory language, in determining whether a petitioner qualifies for the exception to the PCRA’s time requirements pursuant to subsection 9545(b)(1)(ii), the PCRA court must first determine whether “the facts upon which the claim is predicated were unknown to the petitioner.” In some cases, this may require a hearing. After the PCRA court makes a determination as to the petitioner’s knowledge, it should then proceed to consider whether, if the facts were unknown to the petitioner, the facts could have been ascertained by the exercise of due diligence, including an assessment of the petitioner’s access to public records.
Id. (internal footnote omitted).
Instantly, the PCRA court explained:
The [c]ourt received testimony from [Appellant]. [Appellant] stated that following this [c]ourt’s denial of his ____________________________________________
3 Appellant incorrectly asserts that he filed his petition six months after his
judgment of sentence became final. We repeat that Appellant’s judgment of sentence became final on May 26, 2023. Thus, Appellant filed his PCRA petition more than six months after the expiration of time to file a timely PCRA petition.
-5- J-S46043-25
… Post Sentence Motion, he informed trial counsel, Michael P. Smith, that he wanted to file an appeal to the Pennsylvania Superior Court.
[Appellant] also testified that he was incarcerated in three different State Correctional Institutions; he was incarcerated at SCI Camp Hill for approximately [4] months, at SCI Chester for approximately [12] months, and at SCI Dallas for approximately [6] months.
[Appellant] testified that he “stumbled across” an individual at SCI Dallas who was willing and able to assist him in preparing the Motion for Post Conviction Collateral Relief filed on December 20, 2024.
He stated that he learned of the Post Conviction Relief Act in or about November of 2024. He then stated that the individual he met did all of the leg work and writing for the PCRA submission filed on December 20, 2024.
(See PCRA Court Order and Opinion, 7/9/25, at 6-8). Ultimately, the court
concluded that Appellant had failed to establish a timeliness exception.4
The record supports the PCRA court’s determination. Here, the record
demonstrates that Appellant did not exercise due diligence in attempting to
discover whether counsel had filed an appeal on his behalf. At the PCRA
hearing, Appellant’s explanation for his delay in filing was his lack of legal
knowledge regarding the PCRA. (See N.T. Hearing, 7/2/25, at 9-10).
Appellant claimed that he wrote to the trial court “maybe once about appealing
or something” and to the Clerk of Courts about “ineffective counsel.” (See id.
at 10). The record contains pro se correspondence from Appellant dated May
20, 2024—just days before the one-year deadline to file a timely PCRA petition ____________________________________________
4 The PCRA court did not elaborate on this decision but, presumably, found
that Appellant had failed to exercise due diligence.
-6- J-S46043-25
had expired—in which Appellant stated that he had attempted to contact trial
counsel “many times asking for help” regarding his attempt to appeal his
sentence and requested transcripts so that he could challenge his sentence.
(See Pro Se Correspondence, 5/20/24).
However, Appellant has failed to explain why he did not act until almost
a year after his judgment of sentence became final, particularly when he
wished to file an appeal and, based upon the text of his correspondence, was
presumably aware that counsel had not done so. See Commonwealth v.
Carr, 768 A.2d 1164, 1168 (Pa.Super. 2001) (observing that appellant failed
to exercise due diligence over course of one year by calling attorney or clerk
of courts to determine whether direct appeal had been filed).
On this record, Appellant has not established that he exercised the
required due diligence in determining whether counsel had failed to file an
appeal on his behalf. See Brensinger, supra; Monaco, supra; Carr,
supra. Therefore, Appellant’s claim does not satisfy the newly-discovered
fact exception to the PCRA time bar. See Brown, supra. Consequently,
Appellant’s current PCRA petition remains time barred. See Zeigler, supra.
Accordingly, we affirm.
Order affirmed.
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DATE: 2/19/2026
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