Commonwealth v. Smallwood

OPINION BY

LAZARUS, J.:

The Commonwealth of Pennsylvania appeals from the order, entered in the Court of Common Pleas of Cumberland County, granting Letitia Denise Smallwood’s petition filed pursuant to the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. After careful review, we are constrained to conclude Smallwood has not satisfied the newly-discovered facts exception under section 9545(b)(1)(ii) of the PCRA, and, therefore, the PCRA court did not have jurisdiction to address the merits of Smallwood’s petition. We, therefore, reverse the PCRA court’s order granting a new trial. 1