Commonwealth v. Leroy Kenneth Thomas

Summary

The Pennsylvania Superior Court vacated Leroy Kenneth Thomas’s April 29, 2025 revocation-of-probation sentence and remanded for reimposition of his October 25, 2021 sentence. The court held that the PCRA petition challenging the earlier sentence was untimely and did not satisfy a statutory exception, leaving the trial court without jurisdiction to resentence Thomas despite the earlier sentence’s asserted illegality. The opinion also discusses the PCRA time bar, attorney ineffectiveness as a newly discovered fact, and the distinction between partial and complete deprivation of appellate review.

Holdings

1. The PCRA petition was patently untimely, and Thomas failed to plead and prove the newly discovered facts exception because alleged misinformation from former direct-appeal counsel did not constitute a qualifying newly discovered fact.
2. The PCRA court lacked jurisdiction to grant collateral relief or conduct a new sentencing proceeding, making its order and the April 29, 2025 revocation-of-probation sentence null and void ab initio.
3. The court could not review the merits of Thomas's discretionary sentencing claim because the April 29, 2025 sentence was a legal nullity and could not support an appeal.

Questions Presented

1. Whether Thomas's July 22, 2024 PCRA petition was timely under 42 Pa.C.S.A. § 9545(b), or qualified for the newly discovered facts exception based on alleged misinformation from former direct-appeal counsel.
2. Whether the PCRA court had jurisdiction to grant collateral relief and impose the April 29, 2025 revocation-of-probation sentence.
3. Whether the Superior Court could review Thomas's discretionary sentencing challenge to the April 29, 2025 sentence.

Disposition

reversed_and_remanded