Com. v. Gunn, 944 A.2d 756 (Pa. 2008).

discussed Cited "but see" Com. v. Williams, C.

Pa. Super. Ct. · 2014 · signal: but see · confidence high

Consequently, we may address the merits of Williams’s claim of ineffective assistance of counsel on direct appeal.” ( Williams, supra at *4 (citing Commonwealth v. Bomar, 826 A.2d 853 (Pa. 2003), cert. denied, 540 U.S. 1115 (2004) (announcing rule that, where ineffective assistance of counsel “claims have been raised and fully developed at a hearing in the trial court[,]” they may be considered on direct appeal)); but see Commonwealth v. Holmes, 79 A.3d 562, 563 (Pa. 2013) (limiting rule announced in Bomar to its facts). -6- J-S48041-14 remanded for the appointment of counsel because �…

discussed Cited as authority (quoted) Com. v. Colon, J.

Pa. Super. Ct. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high

challenges to the discretionary aspects of sentencing are not -7- j-s69039-19 cognizable under the pcra.

discussed Cited as authority (quoted) Com. v. Lyles, B.

Pa. Super. Ct. · 2015 · signal: cf. · quote attribution · 1 verbatim quote · confidence low

subsequent case law has refined the holding in devlin.

discussed Cited as authority (quoted) Com. v. Curley, T.

Pa. Super. Ct. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low

he pcra provides the sole means for obtaining collateral review, and . . . any petition filed after the judgment of sentence becomes final will be treated as a pcra petition.

discussed Cited "see" Com. v. Pierson, H.

Pa. Super. Ct. · 2025 · signal: see · confidence high

See generally Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding any collateral attack on legality of sentence must be raised in PCRA petition); Commonwealth v. Moorer, No. 709 MDA 2024 (Pa.Super. filed Dec. 3, 2024) (unpublished memorandum) (explaining claim that court erred in refusing to apply newly-adopted Sentencing Guidelines to prior sentence is cognizable under PCRA).6 Thus, the court should have treated this motion as a subsequent PCRA petition. ____________________________________________ 6 See Pa.R.A.P. 126(b) (explaining…

discussed Cited "see" Com. v. Johnson, A.

Pa. Super. Ct. · 2024 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 592 (Pa. Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (stating: “[A]lthough legality of sentence is always subject to review within the PCRA, claims must still first satisfy the PCRA's time limits or one of the exceptions thereto”).

discussed Cited "see" Com. v. Phillips, Jr., A.

Pa. Super. Ct. · 2024 · signal: see · confidence high

See 42 Pa.C.S.A. § 9543(a)(1) (providing that to be eligible for relief under PCRA, petitioner must be serving, or waiting to serve, sentence of imprisonment, probation or parole for crimes at issue). -5- J-A02029-24 930 A.2d 586, 590 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (citations omitted).

discussed Cited "see" Com. v. Page, M.

Pa. Super. Ct. · 2024 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 593 (Pa.Super. 2007), appeal denied, 944 A.2d 756 (Pa. 2008) (“Challenges to the discretionary aspects of sentencing are not cognizable under the PCRA.” (citations omitted)).

discussed Cited "see" Com. v. Upshur, J.

Pa. Super. Ct. · 2022 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (stating: “[A] challenge to the trial court’s failure to award credit for time spent in custody prior to sentencing involves the legality of sentence and is cognizable under the PCRA”).

discussed Cited "see" Com. v. Stewart, K. a/k/a Williams, K.

Pa. Super. Ct. · 2022 · signal: see · confidence high

See generally Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding any collateral attack on legality of sentence must be raised in PCRA petition).

discussed Cited "see" Com. v. Gibson, D.

Pa. Super. Ct. · 2021 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa. Super. 2007) (noting that “[a] challenge to the trial court’s failure to award credit for time spent in custody prior to sentencing involves the legality of sentence”), appeal denied, 944 A.2d 756 (Pa. 2008).

discussed Cited "see" Com. v. Ortiz, A.

Pa. Super. Ct. · 2021 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 592 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (stating: “[A]lthough legality of sentence is always subject to review within the PCRA, claims must still first satisfy the PCRA’s time limits or one of the exceptions thereto”). -5- J-S48022-20 Judgment Entered.

discussed Cited "see" Com. v. Laws, D.

Pa. Super. Ct. · 2021 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 595 (Pa. Super. 2007) (noting that “[a] challenge to the trial court’s failure to award credit for time spent in -4- J-S47013-20 custody prior to sentencing involves the legality of sentence”), appeal denied, 944 A.2d 756 (Pa. 2008).

discussed Cited "see" Com. v. DeJesus, D.

Pa. Super. Ct. · 2020 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 593 (Pa.Super. 2007) (stating, “[c]hallenges to the discretionary aspects of sentencing are not cognizable under the PCRA.” (citation omitted)), appeal denied, 944 A.2d 756 (Pa. 2008). -7- J.

cited Cited "see" Com. v. Ackridge, A.

Pa. Super. Ct. · 2019 · signal: see · confidence high

See Commonwealth v. G.D.M, Sr., 926 A.2d 984� (Pa.Super.2007). appeal denied, 596 Pa.715, 944 A.2d 756 (2008) (quoting Commonwealth v. Smith 432 Pa.Super. 91 , 635 A.2d 1086 (1993)).

discussed Cited "see" Com. v. Ryan, R.

Pa. Super. Ct. · 2018 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 593 (Pa. Super. 2007) (“Challenges to the discretionary aspects of sentencing are not cognizable -9- J-S58027-18 under the PCRA.”) (citations omitted), appeal denied, 944 A.2d 756 (Pa. 2008); see also Commonwealth v. Jordan, 772 A.2d 1011, 1016 (Pa. Super. 2001) (observing that “[t]his Court’s case law has stated that a challenge to the discretionary aspects of sentencing is a matter that must be reviewed in the context of a direct appeal and cannot be reviewed in the context of the PCRA.”); see also 42 Pa.C.S.A. § 9543(a)(2).

discussed Cited "see" Com. v. Cartney, A.

Pa. Super. Ct. · 2018 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 593 (Pa. Super. 2007) (“Challenges to the discretionary aspects of sentencing are not cognizable under the PCRA.”) (citations omitted), appeal denied, 944 A.2d 756 (2008); see also Commonwealth v. Jordan, 772 A.2d 1011, 1016 (Pa. Super. 2001) (observing that “[t]his Court’s case law has stated that a challenge to the discretionary aspects of sentencing is a matter that must be review in the context of a direct appeal and cannot be reviewed in the context of the PCRA.”); see also 42 Pa.C.S.A. § 9543(a)(2).

discussed Cited "see" Com. v. Allison, K., Jr.

Pa. Super. Ct. · 2018 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 593 (Pa. Super. 2007) (“Challenges to the discretionary aspects of sentencing are not cognizable under the PCRA.”) (citations omitted), appeal denied, 944 A.2d 756 (2008); see also Commonwealth v. Jordan, 772 A.2d 1011, 1016 (Pa. Super. 2001) (observing that “[t]his Court’s case law has stated that a challenge to the discretionary aspects of sentencing is a matter that must be review in the context of a direct appeal and cannot be reviewed in the context of the PCRA.”); see also 42 Pa.C.S.A. § 9543(a)(2).

discussed Cited "see" Com. v. West, J.

Pa. Super. Ct. · 2018 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 591 (Pa. Super. 2007), appeal denied, 944 A.2d 756 (Pa. 2008) (Pennsylvania courts have consistently held that, so long as it falls within ambit of PCRA, any claims filed after judgment of sentence is final must be raised in PCRA petition).

discussed Cited "see" Com. v. Hoyer, C.

Pa. Super. Ct. · 2018 · signal: see · confidence high

See Pa.R.A.P. 1925(a). -3- J-S81045-17 We note first that “[i]t is [] well-settled that the PCRA provides the sole means for obtaining collateral review, and that any petition filed after the judgment of sentence becomes final will be treated as a PCRA petition.” Commonwealth v. Fowler, 930 A.2d 586, 591 (Pa. Super. 2007), appeal denied, 944 A.2d 756 (Pa. 2008) (citations omitted).

discussed Cited "see" Com. v. Fudge, M.

Pa. Super. Ct. · 2017 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding collateral attack on legality of sentence must be raised in PCRA petition).

discussed Cited "see" Com. v. Vega-Diaz, L.

Pa. Super. Ct. · 2017 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 591 (Pa. Super. 2007), appeal denied, 944 A.2d 756 (Pa. 2008) (so long as it falls within ambit of PCRA, any petition filed after judgment of sentence is final is to be treated as PCRA petition.). -2- J-S22035-17 September 1, 2016, the PCRA court dismissed the petition as untimely.

cited Cited "see" Com. v. Colon, W.

Pa. Super. Ct. · 2017 · signal: see · confidence high

See id. -6- J-S02023-17 Black’s Law Dictionary, Seventh Edition, at 577), appeal denied, [] 944 A.2d 756 ([Pa.] 2008).

cited Cited "see" Com. v. Danysh, K.

Pa. Super. Ct. · 2017 · signal: see · confidence high

See Commonwealth v. Fowler, 930 A.2d 586, 593 (Pa.Super. 2007), appeal denied, 944 A.2d 756 (Pa. 2008) -4- J.

discussed Cited "see" Com. v. Washington, M.