Commonwealth v. Olson

OPINION BY DUBOW, J.:

*1136 Appellant, Jeffrey Alan Olson, appeals from the December 22, 2016 Order entered in the Somerset County Court of Common Pleas dismissing his first Petition filed under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541 - 9546. Relying on Birchfield 1 , Appellant challenges the legality of his sentence. After careful review, we conclude that Birchfield does not apply retroactively in Pennsylvania to cases pending on collateral review. We, thus, affirm.

On September 18, 2015, Appellant entered an open guilty plea to one count of Driving Under the Influence ("DUI").…