J-S83044-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

Appellee

v.

LEON J. MOSLEY

Appellant

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1595 EDA 2017

Appeal from the PCRA Order April 21, 2017

In the Court of Common Pleas of Montgomery County

Criminal Division at No(s): CP-46-CR-0002911-2001

BEFORE: GANTMAN, P.J., OLSON, J., and DUBOW, J.

JUDGMENT ORDER BY GANTMAN, P.J.: FILED JANUARY 30, 2018

Appellant, Leon J. Mosley,1 appeals from the order entered in the 

Montgomery County Court of Common Pleas, which dismissed as untimely 

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

Pa.C.S.A §§ 9541-9546. A jury convicted Appellant on May 31, 2002, of one 

count of each of robbery of a motor vehicle, terroristic threats, recklessly 

endangering another person (“REAP”), simple assault, conspiracy to commit 

robbery, and two counts of theft. The court sentenced Appellant on August 

1, 2002, to an aggregate term of 281⁄2 to 60 years’ imprisonment. The 

sentence included a 25 to 50 year term under Pennsylvania’s three strikes 

law, 42 Pa.C.S.A § 9714(a)(2). Appellant did not file a direct appeal, so the

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1 Appellant is also referred to as Antonio Johnson throughout the record. 
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judgment of sentence became final on or about September 1, 2002. Since 

then, Appellant has filed two unsuccessful PCRA petitions. On January 5, 

2017, Appellant filed a counseled “Motion to Correct an Illegal Sentence,” 

which the PCRA court deemed Appellant’s third PCRA petition. On January 

27, 2017, the court issued notice of intent to dismiss per Pa.R.Crim.P. 907. 

Appellant filed an amended “Motion to Correct an Illegal Sentence,” on 

March 27, 2017; and the court denied PCRA relief on April 21, 2017.

Appellant timely filed a notice of appeal and a voluntary concise statement 

per Pa.R.A.P. 1925(b), on Monday, May 22, 2017.

The timeliness of a PCRA petition is a jurisdictional requisite. 

Commonwealth v. Zeigler, 148 A.3d 849 (Pa.Super. 2016). A PCRA 

petition, including a second or subsequent petition, shall be filed within one 

year of the date the underlying judgment of sentence becomes final. 42 

Pa.C.S.A. § 9545(b)(1). A judgment of sentence is deemed final “at the 

conclusion of direct review, including discretionary review in the Supreme 

Court of the United States and the Supreme Court of Pennsylvania, or at the 

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

statutory exceptions to the PCRA time-bar allow for very limited

circumstances, which excuse the late filing of a petition; a petitioner 

asserting a timeliness exception must file a petition within 60 days of when 

the claim could have been presented. 42 Pa.C.S.A. § 9545(b)(1-2). 

Instantly, Appellant’s judgment of sentence became final on or about 
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September 1, 2002, upon the expiration of time for filing a direct appeal 

with the Superior Court. See Pa.R.A.P. 903 (providing 30 days to file notice 

of appeal from judgment of sentence with Superior Court). Appellant filed 

the current serial PCRA petition on January 5, 2017, which is patently 

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

“new facts” exception to the statutory time-bar per Section 9545(b)(1)(ii). 

Appellant relies on two appellate court decisions to satisfy the newly 

discovered facts exception to PCRA time-bar. Even assuming Appellant 

satisfied the 60-day rule, judicial decisions do not constitute “new facts” for 

purposes of the Section 9545(b)(1)(ii) exception. See Commonwealth v. 

Brandon, 51 A.3d 231 (Pa.Super. 2012) (explaining subsequent decisional 

law does not amount to new “fact” under Section 9545(b)(1)(ii) of PCRA). 

Thus, Appellant’s third PCRA petition remains time barred, and the court

properly dismissed it as untimely. 

Order affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 1/30/18