Commonwealth v. Smith

OPINION BY BENDER, P.J.E.:

Appellant, Keith Smith, appeals from the order dismissing, as untimely, his petition filed pursuant to the Post-Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541 - 9546. After careful review, we affirm.

On September 25, 2001, [Appellant] was convicted by a jury of first-degree murder, [ 18 Pa.C.S. § 2502(a),] possessing an instrument of crime, [ 18 Pa.C.S. § 907,] and recklessly endangering another person, [ 18 Pa.C.S. § 2705 ]. In our memorandum affirming [Appellant]'s judgment of sentence, we summarized the pertinent facts underlying these convictions as follows:

[O]…