Commonwealth v. Small, J., Aplt.

Opinion

[J-76-2023]

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 804 CAP

Appellee

Appeal from the Order entered on January 30, 2023 in the Court of V. Common Pleas of York County, Criminal Division, at No. CP-67-CR- 0002844-1995.

JOHN AMOS SMALL,

Appellant

: SUBMITTED: December 11, 2023

ORDER

PER CURIAM DECIDED: March 21, 2024

AND NOW, this 21St day of March, 2024, the Order of the Court of Common Pleas

of York County is AFFIRMED. See 42 Pa.C.S. §9545(b)(1)(ii) ( requiring "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").