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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COU RT OF EX REL TAVEREN ROBINSON : PENNSYLVANIA : v. : : SUPERINTENDENT ROBERT GILMORE, : STATE CORRECTIONAL INSTITUTION : GREENE, PENNSYLVANIA DEPARTMENT : OF CORRECTIONS : : APPEAL OF: TAVEREN ROBINSON : : No. 1663 WDA 2015 Appeal from the Order October 9, 2015 in the Court of Common Pleas of Greene County Civil Division

at No(s): AD-178-2015 BEFORE: LAZARUS, STABILE, and FITZGERALD, * JJ. JUDGMENT ORDER BY FITZGERALD, J.: FILED MARCH 29, 2016 Appellant, Taveren Robinson, appeals from the orde r entered in the Greene County Court of Common Pleas dismissing his second petition for

writ of habeas corpus . He argues he is unlawfully imprisoned at the Sta te Correctional Institution in Greene County (“SCI-Gre ene”) because the trial court in Erie County did not file a sentencing orde r in his case. We affirm. The relevant procedural history follows. On March 22, 2004, the Erie County Court of Common Pleas sentenced Appellant to life imprisonment and a consecutive term of 60 to 120 months’ imprisonmen t following his convictions for second-degree murder and other offe nses. This Court

* Former Justice specially assigned to the Superior Court.J.S13045/16

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affirmed his judgment of sentence on April 13, 2005 , and our Supreme Court denied allowance of appeal. Commonwealth v. Robinson , 688 WDA 2004 (Pa. Super. Apr. 13, 2005), appeal denied , 254 WAL 2005 (Pa. Oct. 25, 2005). Subsequently, Appellant timely filed a peti tion for post-conviction relief, 1 and the PCRA court dismissed his petition. This C ourt affirmed.

Commonwealth v. Robinson , 1848 WDA 2006 (Pa. Super. Apr. 17, 2007). 2 On December 5, 2013, while incarcerated at SCI-Gree ne, Appellant filed, inter alia , a praecipe for writ of habeas corpus ad subjiciendum

. Robinson v. Folino , 528 WDA 2014, at 2 (Pa. Super. Feb. 20, 2015). T he Greene County Court of Common Pleas transferred the record to the Erie Count Court of Common Pleas for consideration, and Appellant appealed. This Court quashed the appeal, finding the order wa s interlocutory. We

further observed:

We note, nevertheless, that the [Greene County] trial court properly transferred this action to Erie County . Pursuant to Pennsylvania Rule of Criminal Procedure 108, [a] petition for writ of habeas corpus challenging the legality of the petitioner’s detention or confinement in a criminal matter shall be filed with the clerk of courts of the

1 See 42 Pa.C.S. §§ 9541-9546.

2 On October 7, 2011, Appellant filed a motion in Er ie County to subpoena surgical notes, the denial of which this Court affi rmed. Commonwealth v. Robinson , 25 WDA 2012 (Pa. Super. July 11, 2012).J.S13045/16

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- judicial district in which the order directing the petitioner’s detention or confinement was entered. Pa.R.Crim.P. 108(A). [Appellant] was sentenced in Erie County. While he contends, for various reason s, that Rule 108 is not controlling, we note the primary claim in his habeas petition is that he has been confined without a valid sentencing order . Such a claim tests “the legality of [his] commitment and detention” and therefore, is “properly addressed in the court of record from which his judgment of sentence originated.” Brown v. Pennsylvania Dept. of Corrections , 81 A.3d 814, 815 (Pa. 2013). That court of record is the Erie County Court of Common Pleas

. Id. at 5 n.3 (emphases added). On March 12, 2015, Appellant filed the instant, se cond petition for a

writ of habeas corpus in Greene County, where he is still incarcerated. On October 9, 2015, the trial court dismissed Appellan t’s petition. Appellant timely appealed. 3 Appellant challenges the dismissal of his petitio n and argues he is entitled to relief because “the trial court failed to issue a sentencing order against [A]ppellant.” Appellant’s Brief at 5. We review the trial court’s dismissal of a petitio n for a writ of habeas

corpus for an abuse of discretion. Joseph v. Glunt , 96 A.3d 365, 369 (Pa. Super.), appeal denied , 101 A.3d 787 (Pa. 2014). Instantly, Appellant previously filed a petition on the same grounds in Greene County in 2013, which was properly transferred for consideration to Erie County. See

3 The trial court did not order compliance with Penn sylvania Rule of Appellate Procedure 1925.J.S13045/16

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Pa.Crim.P. 108. Accordingly, the trial court of Gr eene County did not abuse its discretion when it dismissed the instant petiti on, which was duplicative of the petition it previously transferred. See Joseph , 96 A.3d at 369.

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary Date: 3/29/2016