Commonwealth v. Gaines

CONCURRING OPINION BY

DONOHUE, J.:

I agree that this appeal is untimely and concur with the decision to quash, but for different reasons. The Majority Conducts its review from the premise that the petition Gaines filed on May 21, 2013 was an amended PCRA petition. In nay view, Gaines’ May 21, 2013 filing was an untimely second PCRA petition rather than an amendment to his first PCRA petition. Thus, the issue of whether a PCRA order is final when entered or following the completion of further action ordered by the PCRA court is not properly before this Court.

The relevant timeline is as follows.…