J-S70023-14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

JAMIE KIRNON

Appellant No. 1028 EDA 2014

Appeal from the PCRA Order March 5, 2014

In the Court of Common Pleas of Philadelphia County

Criminal Division at No(s): CP-51-CR-0503741-2001

BEFORE: LAZARUS, J., MUNDY, J., and STRASSBURGER, J.*

MEMORANDUM BY MUNDY, J.: FILED DECEMBER 12, 2014

Appellant, Jamie Kirnon, appeals pro se from the March 5, 2014 order, 

dismissing his petition for relief filed pursuant to the Post Conviction Relief 

Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. After careful review, we affirm.

On November 4, 2003, a jury found Appellant guilty of first-degree 

murder, aggravated assault, criminal conspiracy, carrying firearms in public 

in Philadelphia, and possession of an instrument of a crime.1 On November 

5, 2003, the trial court imposed a sentence of life imprisonment without 

parole for first-degree murder. On December 22, 2003, the trial court 

imposed an aggregate sentence of 114 to 228 months’ imprisonment for the 

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* Retired Senior Judge assigned to the Superior Court.

1 18 Pa.C.S.A. §§ 2502, 2702, 903, 6108, and 907, respectively.
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remaining charges, to run consecutive to his life sentence. This Court 

affirmed Appellant’s judgment of sentence on January 13, 2005. 

Commonwealth v. Kirnon, 872 A.2d 1272 (Pa. Super. 2005) (unpublished 

memorandum). Appellant did not file a petition for allowance of appeal with 

our Supreme Court. As a result, his judgment of sentence became final on 

February 14, 2005, when the filing period for such a petition expired.2 See 

generally 42 Pa.C.S.A. § 9545(b)(3); Pa.R.A.P. 1113(a). Thereafter, 

Appellant filed an unsuccessful PCRA petition in 2006. Appellant filed the 

instant petition on June 2, 2011. On March 5, 2014, the PCRA court 

dismissed Appellant’s PCRA petition. On April 2, 2014, Appellant filed a 

timely notice of appeal.

As noted above, Appellant did not file the instant PCRA petition until 

June 2, 2011. Therefore, it was patently untimely because it was not filed 

within one year of his judgment of sentence becoming final. See 42 

Pa.C.S.A. § 9545(b)(1). Furthermore, Appellant’s brief does not allege that 

any of the three exceptions to the PCRA time-bar applies. See

Commonwealth v. Taylor, 933 A.2d 1035, 1039 (Pa. Super. 2007) 

(stating, “[t]he PCRA specifically provides that a petitioner raising one of the 

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2 We observe that the 30th day fell on Saturday, February 12, 2005. When 

computing the 30-day filing period “[if] the last day of any such period shall 

fall on Saturday or Sunday ... such day shall be omitted from the 

computation.” 1 Pa.C.S.A. § 1908. Therefore, the 30th day for Appellant to 

file a timely allocatur petition was Monday, February 14, 2005.
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statutory exceptions to the timeliness requirements must affirmatively plead 

and prove the exception[]”) (citation omitted), appeal denied, 951 A.2d 

1163 (Pa. 2008). We note Appellant’s brief cites to the United States 

Supreme Court’s decision in Martinez v. Ryan, 132 S. Ct. 1309 (2012).3 

Appellant’s Brief at 12, 16, 20, 28. To the extent this could be construed as 

seeking a time-bar exception, this Court has held that Martinez does not 

create such an exception. Commonwealth v. Saunders, 60 A.3d 162, 165 

(Pa. Super. 2013), appeal denied, 72 A.3d 603 (Pa. 2013), cert. denied, 

Saunders v. Pennsylvania, 134 S. Ct. 944 (2014).

Based on the foregoing, we conclude the PCRA court correctly 

dismissed Appellant’s PCRA petition as untimely. Accordingly, the PCRA 

court’s March 5, 2013 order is affirmed.

Order affirmed.

Judge Lazarus joins the memorandum.

Judge Strassburger files a concurring statement.

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3

In the PCRA court, Appellant couched Martinez as a time-bar exception 

under 42 Pa.C.S.A. § 9545(b)(1)(iii), but does not do so on appeal. 

Appellant’s Amended PCRA Petition, 5/19/12, at 7-8.
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 12/12/2014