You are a helpful assistant generating synthetic data that captures *System 1* and *System 2* thinking, *creativity*, and *metacognitive reflection*. Follow these steps in sequence, using tags [sys1] and [end sys1] for *System 1* sections and [sys2] and [end sys2] for *System 2* sections.

1. *Identify System 1 and System 2 Thinking Requirements:*
   - Carefully read the text.
   - Identify parts of the text that require quick, straightforward responses (*System 1*). Mark these sections with [sys1] and [end sys1].
   - Identify parts that require in-depth, reflective thinking (*System 2*), marked with [sys2] and [end sys2].

2. *Apply Step-by-Step Problem Solving with Creativity and Metacognitive Reflection for System 2 Sections:*

   *2.1 Understand the Problem:*
   - Objective: Fully comprehend the issue, constraints, and relevant context.
   - Reflection: "What do I understand about this issue? What might I be overlooking?"
   - Creative Perspective: Seek hidden patterns or possibilities that could reveal deeper insights or innovative connections.

   *2.2 Analyze the Information:*
   - Objective: Break down the problem logically.
   - Reflection: "Am I considering all factors? Are there any assumptions that need challenging?"
   - Creative Perspective: Explore unique patterns or overlooked relationships in the data that could add depth to the analysis.

   *2.3 Generate Hypotheses:*
   - Objective: Propose at least 10 hypotheses, each with a Confidence Score (0.0 to 1.0) and Creative Score (0.0 to 1.0), reflecting originality, surprise, and utility.
   - Reflection: "Have I explored all possible explanations or approaches, both conventional and unconventional?"
   - Creative Perspective: Consider novel angles that might provide unexpected insights.

   *2.4 Anticipate Future Steps and Obstacles:*
   - Objective: Make predictions, accounting for potential outcomes and obstacles.
   - Reflection: "What challenges might I face? Is my plan flexible for different scenarios?"
   - Creative Perspective: Visualize unforeseen outcomes and adapt plans to make use of them effectively.

   *2.5 Evaluate Hypotheses:*
   - Objective: Assess hypotheses based on feasibility, risk, and potential impact.
   - Evaluation: Refine Confidence and Creative Scores as needed.
   - Reflection: "Am I unbiased in my assessment? Which options fit best with the overall objectives?"
   - Creative Perspective: Identify hidden opportunities or overlooked details in each hypothesis.

   *2.6 Select the Best Hypothesis:*
   - Objective: Choose the most promising, strategic hypothesis.
   - Reflection: "Why does this hypothesis stand out? How does it uniquely address the issue?"
   - Creative Perspective: Consider any underutilized potential in the selected approach.

   *2.7 Implement the Hypothesis:*
   - Objective: Outline actionable steps for testing the hypothesis.
   - Reflection: "Is this plan practical? What resources or preparation are required?"
   - Creative Perspective: Refine steps to maximize effectiveness and yield unexpected benefits.

   *2.8 Monitor and Review Progress:*
   - Objective: Review progress, noting areas for improvement.
   - Reflection: "What’s working well? What could be improved?"
   - Creative Perspective: Look for emerging patterns that could refine future approaches.

   *2.9 Reflect and Capture Insights:*
   - Objective: Summarize lessons learned and insights gained for future reference.
   - Reflection: "What new understanding has emerged from this process?"
   - Creative Perspective: Identify innovative insights or patterns that could be applied to similar challenges.

3. *Generate Text Output with Interleaved System 1 and System 2 Responses:*
   - Use the tags [sys1] and [sys2] throughout.
   - Aim for a lengthier, detailed response. Combine both direct, straightforward *System 1* insights and reflective, deeply analytical *System 2* segments to capture a blend of quick observations and thoughtful analysis.

---

### *Example Input Text:*

You are tasked with analyzing a sudden shift in customer preferences in a tech market. There has been a noticeable decline in demand for physical devices, with customers increasingly interested in digital-only options. The challenge is to understand this shift, generate hypotheses for why it might be occurring, and explore potential strategies for adapting to this new trend.

---

### *Processed Output with System 1 and System 2 Thinking:*

The tech market is experiencing a shift in customer demand, moving away from physical devices toward digital-only options.

[sys1]
Customer demand has shifted from physical devices to digital-only options.
We need to understand why this change is happening and find strategies to address it.
Key factors may include cost, convenience, and technological trends.
[end sys1]

[sys2]
**2.1 Understand the Problem:**
The goal is to understand the underlying reasons for the shift in demand from physical devices to digital-only options, then develop a strategy to adapt.

*Reflection:* 
"I understand that preferences are changing, but what might be driving this? Is it primarily cost, or are there other factors such as convenience or sustainability?"

*Creative Perspective:* 
"Could there be a larger trend in digital minimalism or a preference for eco-friendly solutions that we’re missing? What unseen motivations might explain this shift?"

**2.2 Analyze the Information:**
There are multiple possible factors driving this shift, from economic influences to cultural shifts. It’s essential to isolate each factor and understand its impact.

*Reflection:* 
"Am I fully considering the various economic and social influences? Could there be a technological factor, like better internet speeds, that makes digital-only products more accessible?"

*Creative Perspective:* 
"Are there patterns or trends in other markets that could shed light on this shift? Could this be part of a larger trend toward virtual experiences?"

**2.3 Generate Hypotheses:**
1. Customers prefer digital options due to lower costs. (Confidence: 0.8, Creative: 0.4)
2. There’s a growing trend toward minimalism and reduced physical clutter. (Confidence: 0.7, Creative: 0.7)
3. Digital products offer greater flexibility and ease of use. (Confidence: 0.6, Creative: 0.6)
4. Environmental concerns are pushing consumers away from physical goods. (Confidence: 0.6, Creative: 0.8)
5. Advances in tech make digital-only options more functional. (Confidence: 0.8, Creative: 0.5)
6. Pandemic-era remote work increased demand for digital solutions. (Confidence: 0.7, Creative: 0.6)
7. Media coverage of the environmental impact of physical devices affects preferences. (Confidence: 0.5, Creative: 0.7)
8. There’s an increase in global digital literacy, expanding market access. (Confidence: 0.6, Creative: 0.6)
9. Customers view digital as more convenient and scalable for future needs. (Confidence: 0.7, Creative: 0.5)
10. Younger consumers prefer the aesthetics and convenience of digital products. (Confidence: 0.6, Creative: 0.6)

*Reflection:* 
"Have I considered all possible influences? Are there any surprising factors that could explain this shift?"

*Creative Perspective:* 
"Could specific social trends, like the rise of influencer culture or digital-first lifestyles, be influencing customer choices?"

**2.4 Anticipate Future Steps and Obstacles:**
*Objective:* Anticipate possible challenges, such as resistance from segments still preferring physical products.

*Reflection:* 
"What market obstacles might we face if we shift our focus to digital-only? Are there sub-segments that still prioritize physical products?"

*Creative Perspective:* 
"Could expanding digital options help us reach a more global audience? Are there emerging trends that we could leverage in our strategy?"

[end sys2]

[sys1]
To address this shift, consider a strategy that incorporates both digital-only offerings and educational campaigns about the benefits of digital solutions.
Use insights from customer feedback and current trends to guide product development.
Focus on flexibility and adaptation to cater to different customer segments.
[end sys1]


J-S28040-19


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

COMMONWEALTH OF PENNSYLVANIA,          :     IN THE SUPERIOR COURT OF
                                       :           PENNSYLVANIA
                 Appellee              :
                                       :
         v.                            :
                                       :
JAMAL ANDRE THOMAS,                    :
                                       :
                 Appellant             :     No. 2053 MDA 2018

      Appeal from the Judgment of Sentence Entered August 3, 2010
            in the Court of Common Pleas of Lycoming County
           Criminal Division at No(s):CP-41-CR-0001600-2008

BEFORE: BOWES, J., MCLAUGHLIN, J. and STRASSBURGER, J.*

MEMORANDUM BY STRASSBURGER, J.:                FILED DECEMBER 03, 2019

     Jamal Andre Thomas (Appellant) purports to appeal nunc pro tunc

from the August 3, 2010 judgment of sentence after the PCRA court granted

in part Appellant’s petition filed pursuant to the Post Conviction Relief Act

(PCRA), 42 Pa.C.S. §§ 9541-9546, and restored his right to file a direct

appeal. Upon review, we vacate the PCRA court’s order and remand to the

PCRA court for proceedings consistent with this memorandum.

     We provide the following background. On April 26, 2010, following a

one-day trial, a jury found Appellant guilty of two counts of possession with

intent to deliver (PWID) (cocaine and marijuana), three counts of possession

(marijuana, cocaine, and Xanax), and one count of possession of drug

paraphernalia.    On August 3, 2010, Appellant was sentenced to an

aggregate term of three to six years of incarceration followed by five years



* Retired Senior Judge assigned to the Superior Court.
J-S28040-19

of probation. That same day, the trial court granted Appellant bail pending

appeal and ordered that his sentence not take effect until all appeals were

exhausted. Sentencing Order, 8/3/2010, at 2 (unnumbered).

      Appellant, through counsel, filed a post-sentence motion on August 11,

2010, which the trial court denied on December 27, 2010. Appellant did not

file a notice of appeal.   As such, his appeals were exhausted upon the

expiration of time for seeking appeal following the denial of his post-

sentence motion.   However, Appellant failed to report to begin serving his

sentence.

      Several years later, on June 12, 2018, the trial court issued an order

directing Appellant to begin serving his sentence.    In response, Appellant,

through new counsel, filed a PCRA petition averring that he did not learn of

the denial of his post-sentence motion or counsel’s failure to file a direct

appeal until the court’s June 12, 2018 order. Appellant claimed that he was

denied the effective assistance of counsel and requested that his sentence

be discharged because he was denied the right to a speedy trial and due

process of law, or, in the alternative, that his appellate rights be reinstated

nunc pro tunc. PCRA Petition, 6/26/2018, at 5-6.

      A hearing was held on November 20, 2018.         However, prior to the

presentation of any evidence or argument, Appellant’s counsel notified the

court that the Commonwealth agreed to the reinstatement of Appellant’s




                                     -2-
J-S28040-19

direct appeal rights nunc pro tunc.1 Based upon this agreement, the PCRA

court granted Appellant’s petition as to the reinstatement of his direct appeal

rights nunc pro tunc and denied his petition in all other respects.

        This appeal followed.2 On appeal, Appellant claims that his sentence

for PWID (cocaine) is illegal pursuant to Alleyne v. United States, 570

U.S. 99 (2013) (holding that any fact which increases the mandatory

minimum sentence for a crime is an element of that crime, and therefore

must be submitted to a jury and proven beyond a reasonable doubt).

        Before reaching the merits of Appellant’s claim, “we must determine if

the PCRA court had jurisdiction to restore Appellant’s rights to a direct

appeal     such   that   this   appeal   is   properly   before   us   for   review.”

Commonwealth v. Ballance, 203 A.3d 1027, 1030-31 (Pa. Super. 2019)

(raising timeliness of PCRA petition to reinstate direct appeal rights sua

sponte because it is an issue of the court’s jurisdiction).

        “It is well settled that when a lawyer fails to file a direct appeal

requested by the defendant, the defendant is automatically entitled to

reinstatement of his direct appeal rights.” Commonwealth v. Markowitz,

32 A.3d 706, 714 (Pa. Super. 2011) (citation omitted). However, “[s]ince

such a claim is cognizable under the PCRA, … the trial court ha[s] no residual


1 The Commonwealth noted that there were issues with whether Appellant
exercised due diligence, but stated that it was “willing for purposes of right
now [to] agree that he exercised due diligence.” N.T., 11/20/2018, at 3.
2   Both Appellant and the trial court have complied with Pa.R.A.P. 1925.

                                         -3-
J-S28040-19

common law or statutory authority to entertain the claim except under the

strictures of the PCRA.” Commonwealth v. Hall, 771 A.2d 1232, 1236 (Pa.

2001). One requirement of the PCRA is that in order for the PCRA court to

have jurisdiction to address the merits of a petition, the petition must be

timely filed.

      The timeliness of a PCRA petition is a jurisdictional requisite.
      [T]he PCRA time limitations implicate our jurisdiction and may
      not be altered or disregarded in order to address the merits of
      the petition. In other words, Pennsylvania law makes clear no
      court has jurisdiction to hear an untimely PCRA petition.

Ballance, 203 A.3d at 1031 (citations and quotation marks omitted;

emphasis in original).

      Any PCRA petition, including second and subsequent petitions, must

either (1) be filed within one year of the judgment of sentence becoming

final, or (2) plead and prove a timeliness exception. 42 Pa.C.S. § 9545(b).

“[T]he PCRA confers no authority upon this Court to fashion ad hoc equitable

exceptions to the PCRA time-bar in addition to those exceptions expressly

delineated in the [PCRA].” Commonwealth v. Robinson, 837 A.2d 1157,

1161 (Pa. 2003) (citation and quotation marks omitted). Furthermore, the

petition “shall be filed within 60 days of the date the claim could have been

presented.” 42 Pa.C.S. § 9545(b)(2).3



3 This subsection was recently amended, effective December 24, 2018, to
extend the time for filing from 60 days of the date the claim could have been
presented to one year. This amendment does not apply to Appellant’s PCRA
petition because it was filed prior to the amendment’s effective date.

                                    -4-
J-S28040-19

     “For purposes of [the PCRA], a judgment [of sentence] becomes final

at the conclusion of direct review, including discretionary review in the

Supreme Court of the United States and the Supreme Court of Pennsylvania,

or at the expiration of time for seeking the review.”                  42 Pa.C.S.

§ 9545(b)(3). Here, Appellant’s sentence became final on January 26, 2011,

after the expiration of time for filing a direct appeal. As such, Appellant’s

June 26, 2018 petition is facially untimely and he was required to plead and

prove an exception to the timeliness requirements.

     The   PCRA    outlines   three   exceptions   to   the   PCRA’s    timeliness

requirements.

     (1) Any petition under this subchapter, including a second or
     subsequent petition, shall be filed within one year of the date the
     judgment becomes final, unless the petition alleges and the
     petitioner proves that:

           (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. § 9545(b)(1)(i-iii).   Within his petition, Appellant attempted to

plead the newly-discovered facts exception based upon Appellant’s learning


                                      -5-
J-S28040-19

of the denial of his post-sentence motion and counsel’s failure to file a direct

appeal from the trial court’s June 12, 2018 order directing Appellant to

comply with his prison sentence. PCRA Petition, 6/26/2018, at 6.4

      To qualify for the newly-discovered facts exception to the PCRA’s time-

bar, “a petitioner need only establish that the facts upon which the claim is

based were unknown to him and could not have been ascertained by the

exercise of due diligence.” Commonwealth v. Burton, 158 A.3d 618, 629

(Pa. 2017) (some citations omitted).       “Due diligence demands that the

petitioner take reasonable steps to protect his own interests. A petitioner

must explain why he could not have obtained the new fact(s) earlier with the

exercise of due diligence.” Commonwealth v. Monaco, 996 A.2d 1076,

1080 (Pa. Super. 2010) (citations omitted).

      While Appellant was granted a PCRA hearing and the opportunity to

prove this exception, at the beginning of the hearing, Appellant’s counsel

notified the PCRA court that the Commonwealth agreed to the reinstatement

of Appellant’s direct appeal rights nunc pro tunc. Based on that agreement,

the PCRA court reinstated Appellant’s direct appeal rights nunc pro tunc

4  Appellant also attempted to plead the governmental interference
exception. However, because Appellant does not allege any governmental
interference in his petition or on appeal, but rather avers trial counsel failed
to notify Appellant of the denial of his post-sentence motion, we do not
address this exception. See Commonwealth v. Yarris, 731 A.2d 581, 587
(Pa. 1999) (“With regard to the interference by government officials referred
to in [subs]ection 9545(b)(1)(i), we note that the drafters of the 1995
amendments specifically excluded ‘defense counsel’ from such officials. 42
Pa.C.S. § 9545(b)(4).”).

                                     -6-
J-S28040-19

without requiring Appellant to prove the newly-discovered facts exception or

the court’s making any finding as to this timeliness exception.          This was

error.

         In the PCRA context, statutory jurisdiction cannot be conferred
         by silence, agreement or neglect. The PCRA court’s jurisdiction
         was a threshold requirement, even if [Ballance’s] claim regarding
         the legality of the sentence was denied review for his failure to
         raise it in a timely petition.

         Given that his PCRA petition was untimely, [Ballance] should
         have but did not plead and prove when he first learned of this
         Court’s decision on his direct appeal and invoke a relevant
         exception to the statutory time limits. Having failed to satisfy the
         statutory 60-day rule and assert a valid timeliness exception,
         [Ballance’s] PCRA petition remained time-barred. Thus, we hold
         the PCRA court had no jurisdiction to restore [Ballance’s] direct
         appeal rights nunc pro tunc via the untimely petition. Likewise,
         we have no jurisdiction to entertain the appeal.

Ballance, 203 A.3d at 1033 (citations omitted).

         Here, Appellant was deprived of the opportunity to prove the newly-

discovered facts exception at the hearing designated for such, due to the

mutual error of counsel, the Commonwealth, and the PCRA court. Because

neither this Court nor the PCRA court has jurisdiction to entertain Appellant’s

PCRA petition unless he establishes a timeliness exception to the PCRA’s

time-bar, we vacate the PCRA court’s order and remand for the PCRA court

to conduct a hearing on Appellant’s assertion of the newly-discovered facts

exception.

         Order vacated.    Case remanded for proceedings consistent with this

memorandum. Jurisdiction relinquished.


                                        -7-
J-S28040-19

     Judge Bowes joins in the memorandum.

     Judge McLaughlin notes dissent.

Judgment Entered.




Joseph D. Seletyn, Esq.
Prothonotary

Date: 12/03/2019




                                  -8-