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Com. v. Matin

Superior Court of Pennsylvania
Sep 16, 2003
2003 Pa. Super. 342 (Pa. Super. Ct. 2003)

Summary

finding appellant not entitled to relief where term of imprisonment for firearms violation expired, even though appellant remained imprisoned for other crimes at the same docket number

Summary of this case from Commonwealth v. Rosado-Salgado

Opinion

No. 2730 EDA 2002.

Filed: September 16, 2003.

Appeal from the PCRA Order entered on August 6, 2002, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No(s). 9412-0416 1/1.

Aaron C. Finestone, Philadelphia, for appellant.

Catherine L. Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellee.

BEFORE: LALLY-GREEN, BOWES, and OLSZEWSKI, JJ.


¶ 1 Appellant, Rashid Matin, appeals from the order entered on August 6, 2002, disposing of his first petition brought pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. § 9541-9546. The PCRA court denied Appellant's petition without a hearing, following proper notice, on the merits and because Appellant was ineligible for relief because he had finished serving his sentence. We affirm.

¶ 2 On January 26, 1995, Appellant pled guilty to two counts of robbery, and one count each of criminal conspiracy and possessing a firearm without a license. Immediately thereafter, Appellant was sentenced to an aggregate term of imprisonment of 6 to 20 years, with all sentences running concurrently. The sentence imposed for the firearms violation was imprisonment for 2½ to 5 years.

¶ 3 Appellant did not pursue a direct appeal but filed a PCRA petition on December 19, 1996. Counsel was appointed, but filed a "no-merit" brief. On April 6, 1998, the PCRA court dismissed the petition. Appellant appealed. On September 14, 1999, this Court reversed and remanded the case, finding that one of Appellant's issues held arguable merit. Commonwealth v. Matin, 747 A.2d 416 (Pa.Super. 1999) (unpublished memorandum). The issue of arguable merit was Appellant's argument that trial counsel was ineffective for advising him to plead guilty to the firearms violation when Appellant had not possessed any firearm during the robbery.

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

¶ 4 When the case returned to the PCRA court for consideration of the issue, Appellant's sentence for the firearms conviction had expired. Consequently, the PCRA court found that Appellant was no longer eligible for PCRA relief on any issue attacking this conviction and again dismissed his petition. We are constrained to agree with the PCRA court's analysis.

¶ 5 A petitioner is ineligible for relief under the PCRA once the sentence for the challenged conviction is completed. Commonwealth v. Ahlborn, 699 A.2d 718 (Pa. 1997). Appellant was sentenced on January 28, 1995 to a term of imprisonment of 2½ to 5 years for the firearms violation. Appellant has, thus, completed serving the sentence on the crime for which he seeks relief. Appellant cannot now obtain relief on the firearms conviction.

¶ 6 Order affirmed.


Summaries of

Com. v. Matin

Superior Court of Pennsylvania
Sep 16, 2003
2003 Pa. Super. 342 (Pa. Super. Ct. 2003)

finding appellant not entitled to relief where term of imprisonment for firearms violation expired, even though appellant remained imprisoned for other crimes at the same docket number

Summary of this case from Commonwealth v. Rosado-Salgado

finding appellant not entitled to relief where term of imprisonment for firearms violation expired, even though appellant remained imprisoned for other crimes at the same docket number

Summary of this case from Commonwealth v. Weaver

stressing that " petitioner is ineligible for relief under the PCRA once the sentence for the challenged conviction is completed"

Summary of this case from Commonwealth v. Kuperschmidt

In Matin, supra, the appellant pled guilty to two counts of robbery, and one count each of criminal conspiracy and possessing a firearm without a license.

Summary of this case from Commonwealth v. Davis

emphasizing that " petitioner is ineligible for relief under the PCRA once the sentence for the challenged conviction is completed"

Summary of this case from Commonwealth v. Goldheath

In Matin, the appellant pled guilty to two counts of robbery, and one count each of criminal conspiracy and possessing a firearm without a license.

Summary of this case from Commonwealth v. Fields

In Matin, the appellant pled guilty to two counts of robbery, and one count each of criminal conspiracy and possessing a firearm without a license.

Summary of this case from Commonwealth v. Fields

stressing that " petitioner is ineligible for relief under the PCRA once the sentence for the challenged conviction is completed"

Summary of this case from Commonwealth v. Fields

stressing that " petitioner is ineligible for relief under the PCRA once the sentence for the challenged conviction is completed"

Summary of this case from Commonwealth v. Fields

In Matin, supra, the appellant pled guilty to two counts of robbery, and one count each of criminal conspiracy and possessing a firearm without a license.

Summary of this case from Commonwealth v. Davis
Case details for

Com. v. Matin

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Appellee v. RASHID MATIN, Appellant

Court:Superior Court of Pennsylvania

Date published: Sep 16, 2003

Citations

2003 Pa. Super. 342 (Pa. Super. Ct. 2003)
2003 Pa. Super. 342

Citing Cases

Commonwealth v. Weaver

Accordingly, a petitioner is ineligible for PCRA relief if he has completed serving the sentence imposed for…

Commonwealth v. Rosado-Salgado

Accordingly, a petitioner is ineligible for PCRA relief if he has completed serving the sentence imposed for…