may entertain challenge in Pennsylvania

2024See Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005) (en banc) (holding that “a court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.

2024See Commonwealth v. Bradley, 834 A.2d 1127, 1131 (Pa. 2003). 8 See 75 Pa.C.S.A. § 3803(b)(4). -5- has jurisdiction.” Commonwealth v. Bowers, 25 A.3d 349, 352 (Pa. Super. 2011); see also Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005) (en banc), appeal denied, 917 A.2d 844 (Pa. 2007) (“A court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.”).

2023In the PCRA context, jurisdiction is tied to the filing of a timely PCRA petition.” Commonwealth v. Fowler, 930 A.2d 586, 592 (Pa.Super. 2007) (internal quotations and citations omitted).

2021See Commonwealth v. Fowler, 930 A.2d 586, 592 (Pa. Super. 2007) (“A court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.”) (citation omitted). - 13 -

2019A court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.” Commonwealth v. Infante, 63 A.3d 358, 365 (Pa. Super. 2013) (citations, quotation marks, and brackets omitted).

2019A court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.” Commonwealth v. Infante, 63 A.3d 358, 365 (Pa. Super. 2013) (citations, quotation marks, and brackets omitted).

2017In the PCRA context, jurisdiction is tied to the filing of a timely PCRA petition.” Commonwealth v. Fowler, 930 A.2d 586, 592 (Pa. Super. 2007) (internal quotations, citations, and corrections omitted) (some internal capitalization omitted); see also Commonwealth v. Fahy, 737 A.2d 214, 223 (Pa. 1999) (“[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”). -7- J-S73010-17 Judgment Entered.

2016In the PCRA context, jurisdiction is tied to the filing of a timely 5 To the extent that Everett claims that his counsel was ineffective, we note that “a claim of ineffective assistance of counsel does not save an otherwise untimely petition for review on the merits.” Commonwealth v. Fahy, 737 A.2d 214, 223 (Pa. 1999). -5- J-S75041-16 PCRA petition.”); see also Commonwealth v. Infante, 63 A.3d 358, 365 (Pa. Super. 2013) (stating that “[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 ther

2024See Commonwealth v. Bradley, 834 A.2d 1127, 1131 (Pa. 2003). 8 See 75 Pa.C.S.A. § 3803(b)(4). -5- has jurisdiction.” Commonwealth v. Bowers, 25 A.3d 349, 352 (Pa. Super. 2011); see also Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005) (en banc), appeal denied, 917 A.2d 844 (Pa. 2007) (“A court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.”).

2024See Commonwealth v. Bradley, 834 A.2d 1127, 1131 (Pa. 2003). 8 See 75 Pa.C.S.A. § 3803(b)(4). -5- has jurisdiction.” Commonwealth v. Bowers, 25 A.3d 349, 352 (Pa. Super. 2011); see also Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005) (en banc), appeal denied, 917 A.2d 844 (Pa. 2007) (“A court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.”).

2021Commonwealth v. Lehman, 201 A.3d 1279, 1283 (Pa. Super. 2019) (challenge to trial court’s authority to impose costs implicated legality -7- of the sentence, “and, thus, [the appellant] was not required . . . to raise the issue before the trial court”), aff’d, 243 A.3d 7 (Pa. 2020); Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005) (“challenges to the legality of the sentence are never waived”; “a court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim”).

2019“Recognizing that an award of restitution relates to the legality of a sentence, we note that legality of sentence issues may be reviewed sua sponte by this Court.” Commonwealth v. Tanner, 205 A.3d 388, 398 (Pa. Super. 2019) (citation and internal quotation marks omitted); see also Hoffman, 198 A.3d at 1123 (“challenge to the legality of sentence is never waived”); Berry, 877 A.2d at 482 (“a court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction”).

2019However, “[a] claim that the court improperly graded an offense for sentencing purposes implicates the legality of a sentence[,]” and “[a] challenge to the legality of sentence is never waived and may be the subject of inquiry by the appellate court sua sponte.” Commonwealth v. Hoffman, 198 A.3d 1112, 1123 (Pa. Super. 2018); see also Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005) (“a court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim”).

2019“Recognizing that an award of restitution relates to the legality of a sentence, we note that legality of sentence issues may be reviewed sua sponte by this Court.” Commonwealth v. Tanner, 205 A.3d 388, 398 (Pa. Super. 2019) (citation and internal quotation marks omitted); see also Hoffman, 198 A.3d at 1123 (“challenge to the legality of sentence is never waived”); Berry, 877 A.2d at 482 (“a court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction”).

2019“When reviewing the legality of a sentence, our standard of review is de novo and our scope of review is plenary.” Commonwealth v. Lekka, 210 A.3d 343, 355 (Pa. Super. 2019) (citation omitted).

2019“The RRRI Act permits offenders who exhibit good behavior and who complete rehabilitative programs in prison to be eligible for reduced sentences.” Commonwealth v. Hansley, 47 A.3d 1180, 1186 (Pa. 2012).