J-S86035-16

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*Former Justice specially assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

RAYMOND ALLEN NOON, JR.

Appellant No. 756 WDA 2016

Appeal from the PCRA Order May 6, 2016

In the Court of Common Pleas of Somerset County

Criminal Division at No(s): CP-56-CR-0000422-2004

BEFORE: GANTMAN, P.J., MOULTON, J., and STEVENS, P.J.E.*

JUDGMENT ORDER BY GANTMAN, P.J.: FILED NOVEMBER 23, 2016

Appellant, Raymond Allen Noon, Jr., appeals pro se from the order 

entered in the Somerset County Court of Common Pleas, which dismissed 

his second petition filed under the Post Conviction Relief Act (“PCRA”), at 42 

Pa.C.S.A. §§ 9541-9546. On August 2, 2004, Appellant pled guilty to one 

count each of involuntary deviate sexual intercourse (“IDSI”) with a child 

and aggravated indecent assault of a child less than 16. The court 

sentenced Appellant on November 10, 2004, to an aggregate term of 81⁄2-19 

years’ imprisonment, which included a mandatory minimum per 42 Pa.C.S.A. 

§ 9718(a)(1) (providing mandatory minimum sentence for conviction of IDSI 

where victim is less than 16). Appellant filed post-sentence motions on 

December 6, 2004, which the court denied on January 18, 2005. Appellant 
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did not pursue direct review. On November 28, 2005, Appellant timely filed 

a pro se first PCRA petition; the PCRA court appointed counsel. Following 

several hearings, the PCRA court denied Appellant’s petition on May 1, 2009. 

On August 19, 2015, Appellant pro se filed the current PCRA petition; 

the court appointed counsel. The PCRA court issued Pa.R.Crim.P. 907 notice 

on December 8, 2015, to which Appellant filed a response on December 24, 

2015. On May 6, 2016, the PCRA court denied relief. Appellant timely 

appealed on May 20, 2016. On May 24, 2016, the PCRA court ordered 

Appellant to file a concise statement per Pa.R.A.P. 1925(b) and permitted

counsel to withdraw on May 26, 2016. 

The timeliness of a PCRA petition is a jurisdictional requisite. 

Commonwealth v. Turner, 73 A.3d 1283 (Pa.Super. 2013), appeal denied, 

625 Pa. 649, 91 A.3d 162 (2014). A PCRA petition must be filed within one 

year of the date the underlying judgment becomes final. 42 Pa.C.S.A. § 

9545(b)(1). A judgment is deemed final at the conclusion of direct review or 

at the expiration of time for seeking review. 42 Pa.C.S.A. § 9545(b)(3). 

The three statutory exceptions to the timeliness provisions of the PCRA allow 

for very limited circumstances to excuse the late filing of a petition; a 

petitioner asserting a timeliness exception must file a petition within 60 days 

of the date the claim could have been presented. 42 Pa.C.S.A. § 9545(b)(1-

2). When asserting the newly created constitutional right exception under 

Section 9545(b)(1)(iii), “a petitioner must prove that there is a ‘new’ 
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constitutional right and that the right ‘has been held’ by that court to apply 

retroactively.” Commonwealth v. Chambers, 35 A.3d 34, 41 (Pa.Super. 

2011), appeal denied, 616 Pa. 625, 46 A.3d 715 (2012). 

Instantly, Appellant’s judgment of sentence became final on February 

17, 2005, when the time to file a direct appeal expired. See Pa.R.A.P. 

903(a). Appellant unsuccessfully litigated his first PCRA petition. On August 

19, 2015, Appellant filed his current (second) petition, which is patently 

untimely. See 42 Pa.C.S.A. § 9545(b)(1). Appellant attempts to invoke the 

“new constitutional right” exception to the PCRA time bar, relying on 

Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 

(2013), and Commonwealth v. Wolfe, ___ Pa. ___, 140 A.3d 651 (June 

20, 2016), to declare 42 Pa.C.S.A. § 9718 unconstitutional. Alleyne and its 

progeny, however, do not apply retroactively on collateral review. See 

Commonwealth v. Miller, 102 A.3d 988 (Pa.Super. 2014) (holding, even if 

Alleyne announced new constitutional right, neither our Supreme Court nor 

United States Supreme Court has declared Alleyne to apply retroactively). 

See also Commonwealth v. Washington, ___ Pa. ___, 142 A.3d 810 

(July 19, 2016) (holding Alleyne does not apply retroactively on collateral 

review to challenge to mandatory minimum sentence as “illegal”). Thus, 

Appellant’s second PCRA petition remains untimely. Accordingly, we affirm. 

Order affirmed. 
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/23/2016