Commonwealth v. Garcia

OPINION BY

STEVENS, P.J.:

This is an appeal from the Order entered in the Court of Common Pleas of Berks County dismissing, without a hear ing, Appellant’s petition filed under the Post Conviction Relief Act (PCRA), 42 Pa. C.S.A. §§ 9541-46. The PCRA court concluded that Appellant Raul Maria Garcia’s PCRA petition was facially untimely, and Appellant, who is a citizen of the Dominican Republic, was not entitled to 42 Pa. C.S.A. § 9545(b)(1)(iii’s) after recognized constitutional right exception on the basis of Padilla v. Kentucky, — U.S.-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). We affirm.

The…