Com. v. Almanzar, E.

C

J-S28025-20 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ELIEZER ALMANZAR : : Appellant : No. 1100 MDA 2019 Appeal from the PCRA Order Entered April 26, 2019 In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-CR-0000294-2014 BEFORE: BOWES, J., OLSON, J., and MUSMANNO, J. MEMORANDUM BY OLSON, J.: FILED JULY 31, 2020 Appellant, Eliezer Almanzar, appeals from the order entered on April 26, 2019 denying his first petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. In this appeal from the denial of PCRA relief, Appellant’s court-appointed counsel filed an application to withdraw and a no-merit letter pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). Upon review, we grant counsel’s petition to withdraw and affirm the order denying Appellant’s PCRA petition. We briefly summarize the facts and procedural history of this case as follows. On December 29, 2014, a jury convicted Appellant of one count each of involuntary deviate sexual intercourse (IDSI) with a child, aggravated J-S28025-20 indecent assault of a child, and corruption of minors. 1 The convictions stemmed from an incident, on September 7, 2013, wherein Appellant licked the vagina of the four-year-old daughter of Appellant’s then-girlfriend.2 Following Appellant’s convictions, the trial court sentenced Appellant to six to 12 years of incarceration for IDSI and to a concurrent term of five to 10 years of incarceration for corruption of minors. Appellant’s conviction for aggravated indecent assault merged with IDSI for sentencing purposes. We affirmed Appellant’s judgment of sentence in an unpublished memorandum filed on July 20, 2016. Commonwealth v. Almanzar, 154 A.3d 862 (Pa. Super. 2016) (unpublished memorandum). Pertinent to this appeal, the prior panel, among other things, determined that Appellant’s confession to police was voluntary and not coerced and, therefore, suppression of his statements was unwarranted. On April 25, 2017, our Supreme Court denied further appellate review. Commonwealth v. Almanzar, 168 A.3d 1275 (Pa. 2017). On October 3, 2017, Appellant filed a timely PCRA petition. The PCRA court held a hearing on August 30, 2018. On April 26, 2019, the PCRA court denied relief by order and accompanying opinion. Following some confusion regarding Appellant’s representation and filing deadlines, the PCRA court ultimately reinstated Appellant’s right to file an appeal nunc pro tunc on June ____________________________________________ 1 18 Pa.C.S.A. §§ 3123(b), 3125(b), and 6301(a)(1)(ii), respectively. 2 Relevant to this appeal, Appellant confessed to police that the incident occurred. -2- J-S28025-20 26, 2019. The Commonwealth did not oppose reinstatement of Appellant’s appeal rights. This timely appeal resulted.3 Prior to addressing the merits of the issues raised on appeal, we must determine whether counsel met the procedural requirements necessary to withdraw. Counsel seeking to withdraw in PCRA proceedings must review the case zealously. Turner/Finley counsel must then submit a “no-merit” letter to the [PCRA] court, or brief on appeal …

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