J-S30014-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

ANDREW FULLMAN

Appellant No. 2228 EDA 2014

Appeal from the PCRA Order July 18, 2014

In the Court of Common Pleas of Philadelphia County

Criminal Division at No(s): CP-51-CR-1124071-1986

BEFORE: GANTMAN, P.J., FORD ELLIOTT, P.J.E., and JENKINS, J.

JUDGMENT ORDER BY GANTMAN, P.J.: FILED MAY 22, 2015

Appellant, Andrew Fullman, appeals from the order entered in the 

Philadelphia County Court of Common Pleas, which dismissed his serial 

petition, filed under the Post Conviction Relief Act (“PCRA”), at 42 Pa.C.S.A. 

§§ 9541-9546. On June 18, 1987, a jury convicted Appellant of aggravated 

assault, simple assault, and possessing instruments of crime. The court 

sentenced Appellant on May 17, 1988, to an aggregate term of five to ten 

years’ imprisonment. On March 31, 1989, this Court affirmed Appellant’s 

judgment of sentence, and our Supreme Court denied allowance of appeal 

on December 20, 1989. See Commonwealth v. Fullman, 560 A.2d 825 

(Pa.Super. 1989), appeal denied, 524 Pa. 625, 574 A.2d 67 (1989). On 

November 4, 2011, Appellant filed the current, serial PCRA petition, 

attempting to invoke the “new facts” exception to the PCRA’s time-bar at 42 
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Pa.C.S.A. § 9545(b)(1)(ii). The court issued Pa.R.Crim.P. 907 notice on July 

19, 2012. Appellant filed a pro se response on August 6, 2012. On October 

15, 2012, the court appointed counsel, who filed an amended PCRA petition 

on December 5, 2013. On July 18, 2014, the court heard argument on 

whether Appellant is eligible for relief under the PCRA; Appellant was present 

at the hearing. At the conclusion of the hearing, the court dismissed 

Appellant’s PCRA petition.1 Appellant timely filed a notice of appeal on July 

28, 2014. On September 8, 2014, the court ordered Appellant to file a 

Pa.R.A.P. 1925(b) statement. Counsel subsequently filed a Pa.R.A.P. 

1925(c)(4) statement of intent to file a “no-merit” brief.2

A PCRA petitioner must be currently serving a sentence of 

____________________________________________

1 The court did not re-issue Rule 907 notice because Appellant was present 

for the hearing, and the court informed Appellant that it would not hold an 

evidentiary hearing concerning the merits of Appellant’s PCRA petition based 

on Appellant’s ineligibility for relief under the PCRA. 

2 Counsel has filed a petition to withdraw and an accompanying brief 

pursuant to Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) 

and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). 

In his brief, counsel detailed the nature of counsel’s review and explained 

why Appellant’s issues are entitled to no relief (because Appellant is no 

longer serving a sentence). Counsel’s brief also demonstrates he reviewed 

the certified record and determined the record was devoid of any issues 

which would entitle Appellant to relief. Counsel notified Appellant of 

counsel’s request to withdraw and advised Appellant regarding his rights. 

Thus, counsel substantially complied with the Turner/Finley requirements. 

See generally Commonwealth v. Freeland, 106 A.3d 768 (Pa.Super. 

2014) (stating requirements of Turner/Finley); Commonwealth v. 

Karanicolas, 836 A.2d 940 (Pa.Super. 2003) (explaining substantial 

compliance with requirements will satisfy Turner/Finley). 
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imprisonment, probation or parole for the conviction at issue to be eligible 

for PCRA relief. 42 Pa.C.S.A. § 9543(a)(1)(i). See also Commonwealth 

v. Williams, 977 A.2d 1174 (Pa.Super. 2009), appeal denied, 605 Pa. 700, 

990 A.2d 730 (2010) (explaining petitioner must be serving sentence of 

imprisonment, probation, or parole for crime at issue to be eligible for PCRA 

relief; as soon as sentence is completed, petitioner becomes ineligible for 

PCRA relief; PCRA precludes relief for those petitioners whose sentences 

have expired, regardless of collateral consequences of their sentences). 

Instantly, Appellant admits he began serving his 5-10 year sentence on July 

2, 1990, and is no longer serving a sentence for the offenses at issue. (See

Appellant’s Pro Se PCRA Petition, filed November 4, 2011, at 1; Appellant’s 

Amended PCRA Petition, filed December 5, 2013, at 2 ¶4, ¶7; N.T. Hearing, 

7/18/14, at 7, 9.) Therefore, Appellant is ineligible for PCRA relief. See 42 

Pa.C.S.A. § 9543(a)(1)(i); Williams, supra. Thus, the court properly 

dismissed the petition. Accordingly, we affirm and grant counsel’s petition 

to withdraw. 

Order affirmed; petition to withdraw is granted. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 5/22/2015