J-S13024-15 

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA 

 Appellee 

v. 

JARED HENKEL 

 Appellant No. 1022 WDA 2014 

Appeal from the PCRA Order June 4, 2014 

In the Court of Common Pleas of Allegheny County 

Criminal Division at No(s): CP-02-CR-0005481-2002 

 CP-02-CR-0005955-2002 

 CP-02-CR-0005956-2002 

BEFORE: BENDER, P.J.E., MUNDY, J., and STABILE, J. 

JUDGMENT ORDER BY MUNDY, J.: FILED APRIL 21, 2015 

 Appellant, Jared Henkel, appeals from the June 4, 2014 order, 

dismissing as untimely his second petition filed pursuant to the Post 

Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. After careful 

review, we affirm. 

 On October 21, 2003, a jury convicted Appellant of two counts of 

kidnapping and one count each of second-degree murder, robbery, 

aggravated assault, and simple assault.1 On January 22, 2004, the trial 

court imposed an aggregate sentence of life imprisonment without the 

____________________________________________ 

1

 18 Pa.C.S.A. §§ 2901(a), 2502(b), 3701(a)(1), 2702(a)(1), and 

2701(a)(1), respectively. 
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possibility of parole. On November 14, 2007, this Court affirmed Appellant’s 

judgment of sentence, and our Supreme Court denied his petition for 

allowance of appeal on August 25, 2008. Commonwealth v. Henkel, 938 

A.2d 433 (Pa. Super 2007), appeal denied, 955 A.2d 356 (Pa. 2008). 

Appellant did not file a petition for a writ of certiorari with the United States 

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

November 24, 2008. See generally 42 Pa.C.S.A. § 9545(b)(3); U.S. S. Ct. 

R. 13(1). Thereafter, Appellant filed his first, timely PCRA petition, which 

the PCRA court denied on February 17, 2012. On April 11, 2014, an en banc

panel of this Court affirmed the denial of Appellant’s PCRA petition, and our 

Supreme Court denied Appellant’s petition for allowance of appeal on 

October 21, 2014. Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super. 

2014) (en banc), appeal denied, 101 A.3d 785 (Pa. 2014). 

 Appellant filed the instant petition on May 7, 2014, which was during 

the pendency of the appeal period of his first PCRA petition. “[W]hen an 

appellant’s PCRA appeal is pending before a court, a subsequent PCRA 

petition cannot be filed until the resolution of review of the pending PCRA 

petition by the highest state court in which review is sought, or upon the 

expiration of the time for seeking such review.” Commonwealth v. Lark, 

746 A.2d 585, 588 (Pa. 2000). On May 8, 2014, Appellant filed his petition 

for allowance of appeal with our Supreme Court from this Court’s April 11, 

2014 decision affirming the denial of his first PCRA. Thus, on June 4, 2014, 
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at the time the PCRA court dismissed his second PCRA petition as untimely, 

Appellant’s petition for allowance of appeal regarding his first PCRA petition 

was still pending with our Supreme Court. Accordingly, the second PCRA 

petition was premature under Lark. Therefore, the PCRA court correctly 

determined that it was prevented from addressing the merits of Appellant’s 

second PCRA petition.2 

 Accordingly, we affirm the June 4, 2014 order dismissing Appellant’s 

PCRA petition. 

 Order affirmed. 

Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 4/21/2015 

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2

 To the extent that our analysis differs from the PCRA court’s, we note that 

we may affirm the PCRA court on any legal basis supported by the record. 

Commonwealth v. Doty, 48 A.3d 451, 456 (Pa. Super. 2012).