J-S59039-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

TAMIR TURNER 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 969 EDA 2019

Appeal from the Judgment of Sentence Entered February 4, 2019

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0111471-2006, 

CP-51-CR-1208142-2005

BEFORE: LAZARUS, J., NICHOLS, J., and McLAUGHLIN, J.

MEMORANDUM BY McLAUGHLIN, J.: FILED MARCH 04, 2020

Tamir Turner appeals from the judgment of sentence entered following 

a resentencing hearing pursuant to Miller v. Alabama, 567 U.S. 460 (2012). 

We affirm.

The PCRA court resentenced Turner pursuant to Miller for two 

convictions for first-degree murder. It imposed a sentence of 37 years’ 

incarceration to life imprisonment on one conviction, and a concurrent term 

of 25 years’ incarceration to life imprisonment on the other. This timely appeal 

followed. Although Turner had counsel during resentencing, he sought to 

represent himself on appeal. Following a hearing pursuant to 

Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), the court allowed 

counsel to withdraw and Turner proceeded pro se. 

Turner presents the following issue on appeal:
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I. Was [Turner’s] sentence, of 37 years to life and 25 years to 

life, under title 18 Pa.C.S.[A.] 1102(a) illegal, where; [a] 

the U.S. Supreme Court in Miller v. Alabama held that any 

mandatory sentencing scheme that requires a sentence to 

impose a sentence of life imprisonment without parole, 

when applied to a non-incorrigible juvenile offender, is 

unconstitutional, and where; [b] the sentencing court lacked 

statutory authorization under title 18 Pa.C.S.[A.] 1102(a) to 

impose a minimum sentence of less than life imprisonment 

without parole? 

Turner’s Br. at 1-2. 

We review a claim of an illegal sentence de novo and our scope of review 

is plenary. Commonwealth v. Lehman, 201 A.3d 1279, 1282 (Pa.Super. 

2019). “Where a sentence is found to be illegal, it must be vacated.” 

Commonwealth v. Lekka, 210 A.3d 343, 355 (Pa.Super. 2019). 

Turner maintains that the trial court “sentenced [Turner] – a nonincorrigible juvenile offender – under [18 Pa.C.S.A. §] 1102(a)” and 

“[b]ecause 1102(a) is unconstitutional when applied to non-incorrigible 

juvenile offenders, [Turner’s] sentence [is] illegal and must be vacated.”

Turner’s Br. at 8 (emphasis removed). He argues that Section 1102(a) “is a

mandatory sentencing scheme that requires that everybody (including 

children under the age of 18) convicted of first degree murder must receive a 

minimum term of life imprisonment” and thus as applied to Turner is 

unconstitutional. Id. at 7. Turner’s claim is meritless for two reasons and thus 

no relief is due.

First, Section 1102(a) does not apply to juveniles. Section 1102 of the 

Pennsylvania Crimes Code explicitly excepts juveniles from its application. Its 
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text includes the proviso it applies “[e]xcept as provided under section 1102.1 

(relating to sentence of persons under the age of 18 for murder....).” 18 

Pa.C.S.A. § 1102.1

Second, nothing in the certified record suggests that the court 

considered Section 1102(a) when devising Turner’s sentence. Rather, in 

accordance with Commonwealth v. Batts, 163 A.3d 410, 439 (Pa. 2017)

(“Batts II”), the court merely “look[ed] to § 1102.1 for guidance.” Trial Court 

Opinion, filed 5/20/19, at 8 (emphasis added). In Batts II, our Supreme 

Court held that courts resentencing defendants pursuant to Miller should 

consider, as non-binding guidance, the provisions of Section 1102.1. See 

Commonwealth v. Foust, 180 A.3d 416, 439 (Pa.Super. 2018) (citing Batts 

II, 163 A.3d at 443 n.17).

Furthermore, the court properly followed Batts II and imposed 

maximum sentences of life imprisonment. Under Batts II, “a lower court, in 

resentencing a juvenile offender convicted of first-degree murder prior to 

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1 Section 1102 provides in relevant part:

(a) First degree.—

(1) Except as provided under section 1102.1 

(relating to sentence of persons under the age of 18

for murder, murder of an unborn child and murder of a law 

enforcement officer), a person who has been convicted of a 

murder of the first degree or of murder of a law enforcement 

officer of the first degree shall be sentenced to death or to 

a term of life imprisonment in accordance with 42 Pa.C.S. § 

9711 (relating to sentencing procedure for murder of the 

first degree).

18 Pa.C.S.A. § 1102(a)(1) (emphasis added). 
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Miller, may impose a minimum term-of-years sentence and a maximum 

sentence of life imprisonment....” Commonwealth v White, 193 A.3d 977, 

984 (Pa.Super. 2018) (citing Batts II, 163 A.3d at 439). 

Here, the trial court did just that. It imposed minimum terms of 25 and 

37 years in prison, with maximum sentences of life imprisonment. Nothing 

about the sentence is illegal. See Commonwealth v. Ligon, 206 A.3d 1196, 

1201 (Pa.Super. 2019) (affirming resentencing pursuant to Miller of two 

concurrent terms of 35 years to life imprisonment for defendant who 

committed crime at the age of 15); White, 193 A.3d at 986 (affirming 

resentencing pursuant to Miller of 35 years to life imprisonment of defendant 

who committed crime at the age of 17). We affirm the judgment of sentence.

Judgment of sentence affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/4/20