J-S40023-18

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* Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

 Appellee

v.

TROY VINCENT 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2410 EDA 2017

Appeal from the PCRA Order June 8, 2017

in the Court of Common Pleas of Philadelphia County 

Criminal Division at No.: CP-51-CR-0011466-2011

BEFORE: LAZARUS, J., DUBOW, J., and PLATT*, J.

MEMORANDUM BY PLATT, J.: FILED NOVEMBER 27, 2018

Appellant, Troy Vincent, appeals, pro se, from the order of June 8, 

2017, which dismissed without a hearing his first petition brought under the 

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

claims he received ineffective assistance of counsel. We affirm. 

We take the underlying facts and procedural history in this matter 

from our independent review of the certified record. On March 29, 2009, 

Appellant shot and killed the victim, Lamont Watts, outside of the Pro 

Lounge Bar in Philadelphia, Pennsylvania. (See Trial Court Opinion, 

1/23/14, at 2). The testimony at trial demonstrated that the victim was 

drinking in the bar and stated to an acquaintance that he was going to hit 

Appellant, who was standing outside the bar, in retaliation for Appellant’s

alleged mistreatment of his ex-girlfriend, Angel Townsville. (See N.T. Trial, 
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12/17/12, at 97-100, 116, 119-120). The victim exited the bar and punched 

Appellant, who then drew a gun and fired seven shots, three of which hit the 

victim, killing him. (See id. at 20, 27, 33, 119-20). A video camera 

recorded the entire incident. The Commonwealth presented the video at 

trial. (See id. at 54-72). Appellant fled the jurisdiction immediately after 

the incident and was ultimately apprehended on December 15, 2011 in San 

Diego, California. (See id. at 80).

A non-jury trial took place on December 17-18, 2012. At trial, the 

Commonwealth stated that both it and the defense wished to call Angel 

Townsville as a witness because she was an eyewitness to the incident and 

could explain the motive of the crime. However, Ms. Townsville was no 

longer residing at her previous address and the Commonwealth was unable 

to locate her. (See id. at 4-9). Following the close of the Commonwealth’s 

case, an on-the-record colloquy took place in which Appellant formally 

rejected a plea offered to him by the Commonwealth, stated that he did not 

wish to testify at trial, and agreed with defense counsel’s strategy of not 

calling any witness on his behalf. (See N.T. Trial, 12/18/12, at 91-99). 

At the close of trial, the court found Appellant guilty of murder in the 

third degree, and related weapons offenses.1 (See id. at 138). 

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1 18 Pa. C.S.A. §§ 2502(c), 6106(a)(1), 6108, and 907(a), respectively. 
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On May 29, 2013, the trial court sentenced Appellant to an aggregate 

term of incarceration of not less than eighteen nor more than thirty-six 

years. Appellant filed a timely appeal. On December 23, 2014, this Court 

affirmed the judgment of sentence. (See Commonwealth v. Vincent, 116 

A.3d 696 (Pa. Super. 2014)). The Pennsylvania Supreme Court denied leave

to appeal on April 28, 2015. (See Commonwealth v. Vincent, 114 A.3d 

1040 (Pa. 2015)).

On April 20, 2016, Appellant, acting pro se, filed the instant, timely 

PCRA petition. The PCRA court appointed counsel who subsequently filed a 

motion to withdraw as counsel accompanied by a Turner/Finley letter2 on 

February 19, 2017. On May 5, 2017, the PCRA court issued notice of its 

intent to dismiss the petition pursuant to Pennsylvania Rule of Criminal 

Procedure 907(1). Appellant did not file a response to the Rule 907 notice. 

On June 8, 2017, the court denied Appellant’s PCRA petition and granted 

PCRA counsel’s motion to withdraw. On July 6, 2017, Appellant filed a 

timely notice of appeal.3 On August 4, 2017, the PCRA court directed 

Appellant to file a concise statement of errors complained of on appeal. See 

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2 See Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988); 

Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).

3 “[T]he prisoner mailbox rule provides that a pro se prisoner’s document is 

deemed filed on the date he delivers it to prison authorities for mailing.” 

Commonwealth v. Chambers, 35 A.3d 34, 38 (Pa. Super. 2011), appeal 

denied, 46 A.3d 715 (Pa. 2012) (citation omitted).
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Pa.R.A.P. 1925(b). Appellant filed a timely statement on August 14, 2017. 

See id. On October 26, 2017, the court issued an opinion.

On appeal, Appellant raises the following question for our review.

1. Was trial counsel ineffective for not investigating and 

presenting evidence establishing that the shooting arose out 

of [Appellant’s] relationship with his ex-girlfriend[?]

2. Did the Commonwealth commit a Brady [v. Maryland, 373 

U.S. 83 (1963)] violation by failing to provide the defense 

with evidence related to [Appellant’s] relationship with his exgirlfriend[?]

3. Did the [trial c]ourt impose an illegal sentence in violation of 

Alleyne v. United States, [570 U.S. 99 (2013)] and one 

which was in excess of the statutory maximum and the 

applicable sentence guideline range[?]

4. Was trial counsel ineffective for advising Appellant to reject a 

plea offer[?]

5. Was trial counsel ineffective for failing to interview and call 

witnesses to testify concerning the relationship between 

[Appellant’s] girlfriend and the victim, which prejudiced 

[Appellant] because, had they been called to testify, it would 

have resulted in a verdict of voluntary manslaughter[?]

6. Whether the [PCRA] court erred in failing to issue an 

[o]pinion upon dismissal of the PCRA and, [whether] the 

[Superior C]ourt has the authority to consider it[?]

7. Was PCRA counsel ineffective in relying on nothing more than 

the quarter sessions file, correspondence, and notes of 

testimony[?]

(Appellant’s Brief, at 1-2).

We review the denial of a post-conviction petition to determine 

whether the record supports the PCRA court’s findings and whether its order 
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is otherwise free of legal error. See Commonwealth v. Faulk, 21 A.3d 

1196, 1199 (Pa. Super. 2011). To be eligible for relief pursuant to the 

PCRA, Appellant must establish, inter alia, that his conviction or sentence 

resulted from one or more of the enumerated errors or defects found in 42 

Pa.C.S.A. § 9543(a)(2). See 42 Pa.C.S.A. § 9543(a)(2). He must also 

establish that the issues raised in the PCRA petition have not been 

previously litigated or waived. See 42 Pa.C.S.A. § 9543(a)(3). An 

allegation of error “is waived if the petitioner could have raised it but failed 

to do so before trial, at trial, during unitary review, on appeal or in a prior 

state post[-]conviction proceeding.” 42 Pa.C.S.A. § 9544(b). Further, 

. . . a PCRA petitioner is not automatically entitled to an 

evidentiary hearing. We review the PCRA court’s decision 

dismissing a petition without a hearing for an abuse of 

discretion. 

[T]he right to an evidentiary hearing on a postconviction petition is not absolute. It is within the 

PCRA court’s discretion to decline to hold a hearing if 

the petitioner’s claim is patently frivolous and has no 

support either in the record or other evidence. It is 

the responsibility of the reviewing court on appeal to 

examine each issue raised in the PCRA petition in 

light of the record certified before it in order to 

determine if the PCRA court erred in its 

determination that there were no genuine issues of 

material fact in controversy and in denying relief 

without conducting an evidentiary hearing.

Commonwealth v. Miller, 102 A.3d 988, 992 (Pa. Super. 2014) (citations 

omitted).
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Preliminarily, we note that on appeal Appellant has waived his fourth 

claim, ineffective advice to reject a plea offer. In his brief, Appellant 

concedes that there is no merit to the issue as presented in his statement of 

the questions involved. (See Appellant’s Brief, at 1, 5). Therefore, we 

deem Appellant’s fourth issue abandoned, and we have no need to address 

it.

In Appellant’s first and fifth issues, he claims he received ineffective 

assistance of counsel. (See id. at 3-4, 6-7). Specifically, Appellant argues 

that counsel failed to properly investigate and call witnesses that would have 

supported defenses of either heat-of-passion or self-defense. (See id.). We 

disagree.

It is well-settled that to obtain relief under the PCRA on a claim that 

counsel was ineffective, a petitioner must establish by a preponderance of 

the evidence that counsel’s ineffectiveness “so undermined the truthdetermining process that no reliable adjudication of guilt or innocence could 

have taken place.” Commonwealth v. Johnson, 966 A.2d 523, 532 (Pa. 

2009) (quoting 42 Pa.C.S.A. § 9543(a)(2)(ii)). “Generally, counsel’s 

performance is presumed to be constitutionally adequate, and counsel will 

only be deemed ineffective upon a sufficient showing by the petitioner.” Id. 

(citation omitted). This requires the petitioner to demonstrate that: (1) the 

underlying claim is of arguable merit; (2) counsel had no reasonable 

strategic basis for his or her action or inaction; and (3) petitioner was 
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prejudiced by counsel’s act or omission. See id. at 532-33; see also

Strickland v. Washington, 466 U.S. 668, 687 (1984).

A finding of “prejudice” requires the petitioner to “show that there is a 

reasonable probability that, but for counsel’s unprofessional errors, the 

result of the proceeding would have been different[.]” Strickland, supra at 

669. In assessing a claim of ineffectiveness, when it is clear that appellant 

has failed to meet the prejudice prong, the court may dispose of the claim 

on that basis alone, without a determination of whether a petitioner met the 

first two prongs. See Commonwealth v. Travaglia, 661 A.2d 352, 357 

(Pa. 1995), cert. denied, 516 U.S. 1121 (1996). “Counsel cannot be 

deemed ineffective for failing to pursue a meritless claim.” Commonwealth 

v. Loner, 836 A.2d 125, 132 (Pa. Super. 2003) (en banc), appeal denied, 

852 A.2d 311 (Pa. 2004) (citation omitted).

Appellant contends that trial counsel was ineffective for failing to call 

five witnesses. (See Appellant’s Brief, at 3-4, 6-7). However, our review of 

the record demonstrates that Appellant failed to properly preserve this claim 

in the PCRA court, and therefore, for the reasons discussed below, it is 

waived. 

In order to show that trial counsel was ineffective in failing to present 

certain witnesses, Appellant must demonstrate 

the existence of and the availability of the witnesses, counsel’s 

actual awareness, or duty to know, of the witnesses, the 

willingness and ability of the witnesses to cooperate and appear 

on the defendant’s behalf and the necessity for the proposed 
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testimony in order to avoid prejudice. Moreover, Appellant must 

show how the uncalled witnesses’ testimony would have been 

beneficial under the circumstances of the case. 

Commonwealth v. Gibson, 951 A.2d 1110, 1133-34 (Pa. 2008) (citations 

and quotation marks omitted). Appellant has not met this standard. 

Appellant did not attach any statement or other documentation from 

the witnesses to his PCRA petition; in fact, he did not even mention the 

names of the witnesses in his petition. Further, Appellant did not provide 

any information regarding the substance of their proposed testimony.4 

(See Petition for Post-Conviction Relief, 4/20/16, at pages 1-10; PCRA 

Memorandum, 4/30/16, at unnumbered pages 1-7). Appellant never states 

that trial counsel was aware of the existence of these witnesses. (See id.). 

Lastly, Appellant never explains how the testimony of these witnesses would 

have proved beneficial to his case. (See id.). Thus, Appellant failed to set 

forth in his PCRA petition the ineffectiveness analysis required by

Strickland. See Strickland, supra at 687. Because Appellant did not 

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4 While Appellant does append various police statements of Hugh Durant, 

Sr., Hakeem Plummer, Edgar Allen, James Best, and Zachary Justice, to his 

brief, those documents were not submitted to the PCRA court and are not 

contained in the certified record, thus we may not consider them. See 

Jahanshahi v. Centura Development Co., Inc., 816 A.2d 1179, 1183 

(Pa. Super. 2003); D’Ardenne v. Strawbridge and Clothier, Inc., 712 

A.2d 318, 326 (Pa. Super. 1998), appeal denied, 734 A.2d 394 (Pa. 1998). 

This Court has continually stated that copying material and attaching it to 

the brief does not make it a part of the certified record. See First Union

Nat. Bank v. F.A. Realty Investors Corp., 812 A.2d 719, 724 n.3 (Pa. 

Super. 2002); In re M.T., 607 A.2d 271, 275 (Pa. Super. 1992). 
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establish any of the three prongs, we must deem counsel’s assistance 

constitutionally effective. See Commonwealth v. Rolan, 964 A.2d 398, 

406 (Pa. Super. 2008) (holding that where appellant fails to address any of 

three prongs of ineffectiveness test, he does not meet his burden of proving 

ineffective assistance of counsel, and counsel is deemed constitutionally 

effective).

Further, even if this were not the case, the record reflects that, at trial, 

Appellant agreed with defense counsel’s strategy of not calling any 

witnesses. (See N.T. Trial, 12/18/12, at 98-99). This Court has held that 

“[a] defendant who voluntarily waives the right to call witnesses during a 

colloquy cannot later claim ineffective assistance and purport that he was 

coerced by counsel.” Commonwealth v. Lawson, 762 A.2d 753, 756 (Pa. 

Super. 2000), appeal denied, 781 A.2d 141 (Pa. 2001); see also, 

Commonwealth v. Paddy, 800 A.2d 294, 315-16 (Pa. 2002) (holding that 

defendant who acquiesced with strategy not to call witnesses at trial cannot 

make claim for ineffective assistance of counsel on that basis). Thus, there 

is no basis to upset the PCRA court’s finding that Appellant was not entitled 

to PCRA relief on this basis.5

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5 Moreover, the claim is without merit. As the PCRA court explains in its 

findings, the issue of Angel Townsville and her role in the incident was 

thoroughly explored at trial, and three of the witnesses mentioned by 

Appellant, Hakeem Plummer, Hugh Durant, Sr. and Edgar Allen, testified at 

trial and were extensively cross-examined by trial counsel. (See N.T. 

(Footnote Continued Next Page)
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In his second claim, Appellant argues that the Commonwealth withheld 

exculpatory evidence. (See Appellant’s Brief, at 4-5). Specifically, 

Appellant claims that “the prosecution withheld material evidence and 

interview records of Nicole Mat[t]hews and the “mother” of Edgar Allen, 

whom [sic] would give testimony that Angel Town[s]ville had been openly 

instigating the conflict between [Appellant] and Watts, the decedent. Ms. 

Town[s]ville had been heavily involved in manipulating both men in order to 

pit one against the other for her own devi[c]es.” (Appellant’s Brief, at 4)

(record citation omitted). Appellant argues that this constituted a Brady 

violation. We disagree.

This Court has explained:

In Brady, the United States Supreme Court held: “[T]he 

suppression by the prosecution of evidence favorable to an 

accused upon request violates due process where the evidence is 

material either to guilt or to punishment, irrespective of the good 

faith or bad faith of the prosecution.” Brady, supra at 87. . . . 

In sum, there are three necessary components to demonstrate a 

Brady violation: “[t]he evidence at issue must be favorable to 

the accused, either because it is exculpatory, or because it is 

impeaching; that evidence must have been suppressed by the 

State, either willfully or inadvertently; and prejudice must have 

ensued.” Commonwealth v. Causey, 833 A.2d 165, 170 

(Pa.Super. 2003), appeal denied, 577 Pa. 732, 848 A.2d 927 

(2004). 

Evidence is material if there is a reasonable 

probability that, had the evidence been disclosed to 

the defense, the result of the proceeding would have 

(Footnote Continued) _______________________

Hearing, 5/05/17, at 5-9; N.T. Trial, 12/17/12, at 103-14, 133-45; N.T. 

Trial, 12/18/12, at 87-89).
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been different. The question is whether the 

favorable evidence could reasonably be taken to put 

the whole case in such a different light as to 

undermine confidence in the verdict. As Brady and 

its progeny dictate, when the failure of the 

prosecution to produce material evidence raises a 

reasonable probability that the result of the trial 

would have been different if the evidence had been 

produced, due process has been violated and a new 

trial is warranted. Id. (internal citations and 

quotation marks omitted). 

Commonwealth v. Harris, 884 A.2d 920, 931-32 (Pa. Super. 2005), 

appeal denied, 928 A.2d 1289 (Pa. 2007). It is Appellant’s burden to show 

the evidence was suppressed or withheld by the prosecution. See 

Commonwealth v. Spotz, 18 A.3d 244, 276 (Pa. 2011). 

Prior to addressing the merits of this claim, we must first determine if 

it is properly before us. The only claims Appellant raised on direct appeal 

concerned the weight and sufficiency of the evidence. (See 

Commonwealth v. Vincent, No. 1926 EDA 2009, unpublished 

memorandum at *1-2 (Pa. Super. filed Dec. 23, 2014)). Thus, because this 

claim could have been raised on direct appeal, but was not, it is waived. 

See 42 Pa.C.S.A. § 9544(b).6 

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6

 In the instant matter, Appellant does not mention when he learned about 

the alleged Brady violation and does not contend that it constitutes newly

discovered evidence within the meaning of 42 Pa.C.S.A. § 9545(b)(1)(ii) and 

(b)(2). We note that the record at trial reveals that the defense was aware 

that Commonwealth witness Edgar Allen was related to both Angel 

Townsville and Nicole Matthews and cross-examined him regarding the 

contention that Ms. Townsville tried to persuade Nicole Matthews to fight 

(Footnote Continued Next Page)
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In his third claim, Appellant argued in his statement of the questions 

involved that his sentence is illegal because it violated the United States 

Supreme Court’s decision in Alleyne, supra. (See Appellant’s Brief, at 1). 

However, Appellant abandons this claim in the body of his brief and, instead, 

argues that his sentence is illegal because his sentence for carrying a 

firearm in Philadelphia and possession of an instrument of crime should have 

merged with his sentence for firearms not to be carried without a license. 

(See id. at 5). We disagree.

“Whether Appellant’s convictions merge for sentencing is a question 

implicating the legality of Appellant’s sentence.” Commonwealth v. 

Baldwin, 985 A.2d 830, 833 (Pa. 2009). We have stated:

The issue of whether a sentence is illegal is a question of law; 

therefore, our task is to determine whether the trial court erred 

as a matter of law and, in doing so, our scope of review is 

plenary. Additionally, the trial court’s application of a statute is 

a question of law that compels plenary review to determine 

whether the court committed an error of law.

Commonwealth v. Williams, 871 A.2d 254, 262 (Pa. Super. 2005) 

(citations and quotation marks omitted). Section 9765 of the Judicial Code,

which governs the merger of sentences, provides:

(Footnote Continued) _______________________

Appellant on her behalf. (See N.T. Trial, 12/17/12, at 103-14). Thus, 

Appellant does not and cannot claim that he was unaware of Ms. Townsville’s 

involvement in the matter and her attempts to induce other individuals to 

fight Appellant on her behalf. Therefore, Appellant’s Brady claim is waived 

because it could have been raised on direct appeal and was not.
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No crimes shall merge for sentencing purposes unless the crimes 

arise from a single criminal act and all of the statutory elements 

of one offense are included in the statutory elements of the 

other offense. Where crimes merge for sentencing purposes, the 

court may sentence the defendant only on the higher graded 

offense.

42 Pa.C.S.A. § 9765. When interpreting Section 9765, our Supreme Court 

has directed that the courts apply an elements-based test when determining 

questions of merger at the time of sentencing: 

A plain language interpretation of Section 9765 reveals the 

General Assembly’s intent to preclude the courts of this 

Commonwealth from merging sentences for two offenses that 

are based on a single criminal act unless all of the statutory 

elements of one of the offenses are included in the statutory 

elements of the other. . . . 

Baldwin, supra at 837 (footnote omitted). We have explained:

[T]he threshold question is whether Appellant committed one 

solitary criminal act. The answer to this question does not turn 

on whether there was a break in the chain of criminal activity. 

Rather, the answer turns on whether the actor commits multiple 

criminal acts beyond that which is necessary to establish the 

bare elements of the additional crime[.] If so, then the 

defendant has committed more than one criminal act. This focus 

is designed to prevent defendants from receiving a volume 

discount on crime[.]

Commonwealth v. Orie, 88 A.3d 983, 1020 (Pa. Super. 2014), appeal 

denied, 99 A.3d 925 (Pa. 2014) (quotation marks and citation omitted).

Here, our Supreme Court has specifically held that the charge of 

carrying a firearm on the public streets of Philadelphia does not merge with 

the charge of carrying a firearm without a license because each of the 

statutes contains elements that the other does not. See Baldwin, supra at 
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833-34. Moreover, this Court has held that these statutes do not merge 

with possession of an instrument of crime for purposes of sentencing. See 

Commonwealth v. Kull, 405 A.2d 1300, 1302 (Pa. Super. 1979), overruled 

on other grounds by Commonwealth v. Campbell, 505 A.2d 262, 264 (Pa. 

Super. 1986), appeal denied, 536 A.2d 1327 (Pa. 1987). Thus, Appellant’s 

challenge to the legality of sentence lacks merit and there is no basis to 

upset the PCRA court’s finding that Appellant was not entitled to PCRA relief 

on this basis.

In Appellant’s sixth issue, he contends that the PCRA court failed to 

comply with Pennsylvania Rule of Criminal Procedure 907. (See Appellant’s 

Brief, at 7). We disagree.

Pennsylvania Rule of Criminal Procedure provides in pertinent part:

Except as provided in Rule 909 for death penalty cases,

(1) the judge shall promptly review the petition, any 

answer by the attorney for the Commonwealth, and other 

matters of record relating to the defendant's claim(s). If the 

judge is satisfied from this review that there are no genuine 

issues concerning any material fact and that the defendant is not 

entitled to post-conviction collateral relief, and no purpose would 

be served by any further proceedings, the judge shall give notice 

to the parties of the intention to dismiss the petition and shall 

state in the notice the reasons for the dismissal. The defendant 

may respond to the proposed dismissal within 20 days of the 

date of the notice. The judge thereafter shall order the petition 

dismissed, grant leave to file an amended petition, or direct that 

the proceedings continue.

(2) A petition for post-conviction collateral relief may be 

granted without a hearing when the petition and answer show 

that there is no genuine issue concerning any material fact and 

that the defendant is entitled to relief as a matter of law.
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* * *

(4) When the petition is dismissed without a hearing, the

judge promptly shall issue an order to that effect and shall 

advise the defendant by certified mail, return receipt requested, 

of the right to appeal from the final order disposing of the 

petition and of the time limits within which the appeal must be 

filed. The order shall be filed and served as provided in Rule 114.

Pa.R.Crim.P. 907(1)(2) and (4).

In the instant matter, the record reflects that the trial court issued a 

Rule 907 notice on May 5, 2017. That notice advised Appellant that the 

court intended to dismiss the petition without a hearing and that Appellant 

had an opportunity to respond within twenty days. (See Rule 907 Notice, 

5/05/17, at 1). The notice also informed Appellant that his attorney had 

filed a Turner/Finley letter and that the PCRA court had reviewed the case 

and accepted the letter. The record also reflects that counsel had served a 

copy of the Turner/Finley letter on Appellant. (See Motion to Withdraw as 

Counsel, 2/19/17, at 2). Appellant elected not to respond to the Rule 907

notice. 

Thus, the record shows that the PCRA court complied with all 

requirements of Rule 907. Moreover, by failing to file a response to the 

notice, Appellant has waived any challenge to its adequacy. See 

Commonwealth v. Boyd, 923 A.2d 513, 514 n.1 (Pa. Super. 2007), appeal 

denied, 932 A.2d 74 (Pa. 2007) (holding that failure to object to missing 

Rule 907 notice waives issue on appeal); Commonwealth v. Edmiston, 
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851 A.2d 883, 889 (Pa. 2004) (“Claims not raised in the PCRA court are 

waived and cannot be raised for the first time on appeal to this Court.”)

(citation omitted). Appellant’s sixth issue is both waived and lacking in 

merit. 

In Appellant’s seventh and final issue, he contends that he received

ineffective PCRA counsel. (See Appellant’s Brief, at 7-8). He specifically 

contends that counsel did not consult with him and did an insufficient 

investigation of the evidence. (See id.). However, Appellant has waived his 

claim of ineffective assistance of PCRA counsel because he did not raise the 

claim in the PCRA court in response to a Rule 907 notice. See 

Commonwealth v. Smith, 121 A.3d 1049, 1056 (Pa. Super. 2015), appeal 

denied, 136 A.3d 981 (Pa. 2016) (holding that defendant waived his right to 

raise claims of ineffective assistance of PCRA counsel by not responding to 

Rule 907 notice).7

Accordingly, we affirm the PCRA court’s dismissal of Appellant’s PCRA 

petition without a hearing. 

Order affirmed.

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7 Even if Appellant had properly preserved the claim of ineffectiveness of 

PCRA counsel, he would be entitled to no relief as he failed to demonstrate 

that any of his underlying PCRA claims warranted relief.
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/27/18