J-S58023- 14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v. GARY SMITH, Appellant No. 203 WDA 2014

Appeal from the PCRA Order Entered January 29 , 2014 In the Court of Common Pleas of Fayette County Criminal Division at No(s): CP

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- CR -0001477-1998
BEFORE: GANTMAN, P.J., BENDER, P.J.E., and PLATT, J. * MEMORANDUM BY BENDER, P.J.E.: FILED SEPTEMBER 23, 2014 Appellant, Gary Smith, appeals pro se from the trial court’s January 29, 2014 order denying his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-954 6. We affirm. In March of 1999, Appellant pled guilty to attempte d rape, simple assault, and unlawful restraint and was sentenced to 102 to 240 months’ incarceration. This Court affirmed his judgment of se ntence on August 2, 2000. Commonwealth v. Smith , No. 291 WDA 2000, unpublished memorandum (Pa. Super. filed August 2, 2000). Appel lant did not petition for allowance of appeal with our Supreme Court and, thus, his judgment of sentence became final on September 2, 2000. See 42 Pa.C.S. § 9545(b)(3)

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* Retired Senior Judge assigned to the Superior Court.J-S58023- 14

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(stating that a judgment of sentence becomes final at th e conclusion of direct review or the expiration of the time for seeki ng the review); Pa.R.A.P. 1113(a) (directing that “a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 30 day s of the entry of the order of the Superior Court sought to be reviewed”). Appellant filed a pro se PCRA petition on November 14, 2013. Out of “an abundance of caution,” the court appointed PCRA counse l to review

w hether Appellant’s petition satisfied any exception t o the PCRA’s one -year timeliness requirement. PCRA Court Opinion, 1/29/14, at 1 (unnumbered pages). On December 12, 2013, counsel filed a petition to withdraw in accordance with Commonwealth v. Turner , 544 A.2d 927 (Pa. 1998), and Commonwealth v. Finley , 550 A.2d 213 (Pa. Super. 1988). On January 2, 2014, the PCRA court granted counsel’s petition to with draw and issued a Pa.R.Crim.P. 907 notice of its intent to dismiss Appel lant’s petition. Appellant did not respond, and on January 29, 2014, the court issued an order dismissing his petition as untimely. Appellant fi led a timely pro se notice of appeal. Appellant’s handwritten brief does not contain a “State ment of Questions Involved” section, as re quired by Pa.R.A.P. 2116. From what we can ascertain, however, Appellant argues that his appoi nted counsel failed to adequately review the record in his case; his guilty p lea is invalid because he did not receive the agreed upon sentence; and the evid ence was insufficient to support his convictions because the victim did not ident ify him and thereJ-S58023- 14

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was no DNA evidence tying him to the crime. Appellant does not argue that any of these claims satisfy an exception to the PCRA ti meliness requirements set forth in 42 Pa.C.S. § 9545(b). 1 Consequently, we are without jurisdiction to review the merits of this appeal. Order affirmed.

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1 That section states, in relevant part: (b) Time for filing petition.-- (1) Any petition under this subchapter, including a secon d or subsequent petition, shall be filed within one year of the date the judgment becomes final, unless the petition alleges and the petitioner proves that: (i) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States; (ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence; or (iii) the right asserted is a constitutional right tha t was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively. 42 Pa.C.S. § 9545(b)(1)(i)-(iii).J-S58023- 14

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Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 9/23/2014