Opinion
J-S24031-18 No. 1036 MDA 2017
07-25-2018
COMMONWEALTH OF PENNSYLVANIA v. JULIO ANGEL FRED-LEON, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order May 31, 2017 in the Court of Common Pleas of Berks County, Criminal Division at No(s): CP-06-CR-0000847-2015 BEFORE: OLSON, J., KUNSELMAN, J., and MUSMANNO, J. MEMORANDUM BY MUSMANNO, J.:
Julio Angel Fred-Leon ("Fred-Leon") appeals, pro se, from the dismissal of his Petition for relief filed pursuant to the Post Conviction Relief Act ("PCRA"). See 42 Pa.C.S.A. §§ 9541-9546. We affirm.
On November 17, 2015, Fred-Leon, while under the influence of drugs, was handling a revolver, which accidentally fired, striking Marc Simmons ("Simmons") in the neck. Fred-Leon entered an open guilty plea to one count of aggravated assault. The trial court sentenced Fred-Leon to 5 to 10 years in prison, followed by 10 years of probation. Fred-Leon did not file any post-sentence motions or a direct appeal.
On May 20, 2016, Fred-Leon filed a pro se PCRA Petition. The PCRA court appointed Osmer Demming, Esquire ("Attorney Demming"), to represent Fred-Leon. Subsequently, Attorney Demming filed a "No-Merit" Letter pursuant to Commonwealth v. Turner , 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley , 550 A.2d 213 (Pa. Super. 1988) (en banc). The PCRA court granted Attorney Demming leave to withdraw. Thereafter, the PCRA court filed a Pa.R.Crim.P 907 Notice. On May 31, 2017, the PCRA court dismissed the Petition.
Fred-Leon filed a timely Notice of Appeal. On August 2, 2017, the PCRA court ordered Fred-Leon to file a Pa.R.A.P 1925(b) concise statement. Fred-Leon failed to file a concise statement. The PCRA court issued an opinion stating that Fred-Leon's claims are waived for failure to file a concise statement.
It is well-settled that a pro se appellant is not entitled to any advantage due to the lack of legal training, and must comply with the Pennsylvania Rules of Appellate Procedure. See Commonwealth v. Adams , 882 A.2d 496, 497-98 (Pa. Super. 2005). "[I]n order to preserve their claim for appellate review, appellants must comply whenever the trial court orders them to file a Statement of Matters Complained of on Appeal pursuant to Pa.R.A.P. 1925. Any issues not raised in a Pa.R.A.P. 1925(b) statement will be deemed waived." See Commonwealth v. Castillo , 888 A.2d 775, 780 (Pa. 2005) (citation omitted).
Accordingly, based on Fred-Leon's failure to file a Rule 1925(b) concise statement, he has waived all of his issues on appeal.
In his guilty plea, Fred-Leon acknowledged that he understood the nature of the charges to which he was pleading guilty; he committed the crime to which he was pleading guilty; he understood that he had an absolute right to trial by jury; he understood he is presumed innocent until proven guilty; he was informed of the maximum range of sentences that could be imposed, and that the trial court was not bound to the terms of the plea agreement; and he was satisfied with his counsel's representation. See Written Guilty Plea Colloquy, 11/17/15, at 1-3; N.T., 11/17/15, at 2-5; see also Commonwealth v. McCauley , 797 A.2d 920, 922 (Pa. Super. 2001) (stating that "[a] defendant is bound by statements he makes during his plea colloquy[.]").
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 07/25/2018