J-S38020-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

ALAN RICHARD WEIST,

Appellant No. 2954 EDA 2015

Appeal from the Order Entered September 1, 2015

In the Court of Common Pleas of Pike County

Criminal Division at No(s): CP-52-0000240-2009

BEFORE: FORD ELLIOTT, P.J.E., OLSON AND JENKINS, JJ.

JUDGMENT ORDER BY OLSON, J.: FILED JUNE 14, 2016

Appellant, Alan Richard Weist, appeals pro se from the order entered 

on September 1, 2015, which dismissed his second petition filed pursuant to 

the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We 

affirm.

On January 7, 2011, Appellant pleaded guilty to two counts of rape of 

a child.1 On March 31, 2011, the trial court sentenced Appellant to serve an 

aggregate term of 14 to 40 years in prison for his convictions. Appellant 

then failed to perfect a direct appeal from his judgment of sentence. See 

Commonwealth v. Weist, 81 A.3d 996 (Pa. Super. 2013) (unpublished 

memorandum) at 1-2. 

____________________________________________

1 18 Pa.C.S.A. § 3121(c).
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On December 14, 2011, Appellant filed a pro se PCRA petition. The 

PCRA court appointed counsel to represent Appellant, but appointed counsel 

petitioned for and was permitted to withdraw pursuant to Commonwealth 

v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 

A.2d 213 (Pa. Super. 1988) (en banc). The PCRA court dismissed 

Appellant’s first PCRA petition and, on May 15, 2013, this Court affirmed the 

PCRA court’s order. Commonwealth v. Weist, 81 A.3d 996 (Pa. Super. 

2013) (unpublished memorandum) at 1-4. Appellant did not file a petition 

for allowance of appeal with the Pennsylvania Supreme Court.

On June 1, 2015, Appellant filed a pro se petition titled “Petition for 

Discovery,” which the PCRA court treated as a second petition filed under 

the PCRA. PCRA Court Opinion, 12/23/15, at 1-2. The PCRA court denied 

Appellant’s petition by order entered September 1, 2015 and Appellant filed 

a timely notice of appeal to this Court.

After Appellant filed his notice of appeal, the PCRA court ordered 

Appellant to file and serve a concise statement of errors complained of on 

appeal, pursuant to Pennsylvania Rule of Appellate Procedure 1925(b). 

PCRA Court Order, 10/15/15, at 1. Further, the trial court ordered that 

Appellant must file and serve his Rule 1925(b) statement within 21 days 

from the date the order was entered. Id. Appellant did not file a Rule 

1925(b) statement and, thus, Appellant failed to comply with the trial court’s 

order. As such, Appellant’s claims on appeal are necessarily waived. 

Pa.R.A.P. 1925(b)(4)(vii) (“[i]ssues not included in the [Rule 1925(b)] 
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Statement and/or not raised in accordance with the provisions of [Rule 

1925(b)(4)] are waived”); Greater Erie Indus. Dev. Corp. v. Presque 

Isle Downs, Inc., 88 A.3d 222, 223 and 227 (Pa. Super. 2014) (en banc) 

(holding that an appellant waives all claims on appeal where the appellant 

“fail[s] to comply timely with the trial court’s order directing it to file a 

concise statement of errors pursuant to [Rule 1925(b)]”); see also PCRA 

Court Opinion, 12/23/15, at 2 (“[a]s of December 18, 2015, [] Appellant still 

has yet to file a concise statement of matters complained of on appeal”) 

(some internal capitalization omitted). 

Order affirmed. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 6/14/2016