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NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENN SYLVANIA, 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

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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

- 9 546. 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 p erfect a direct appeal from his judgment of sentence. See Commonwealth v. Weist , 81 A.3d 996 (Pa. Super. 2013) (unpublished memorandum) at 1

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_________________________________________ ___ 1 18 Pa.C.S.A. § 3121(c).J

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On December 14, 2011, Appellant filed a pro se PCRA petition. The PCRA court appointed counsel to represent A ppellant, 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 Super. 2013) (unpublished memorandum) at 1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 entere d 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)]J

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Sta tement 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 a ppeal 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 ha s 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