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Commonwealth v. Carr

Defendant's petition for post-conviction relief was properly denied as untimely because it was filed more than one year from the date the conviction became final, and defendant's recent discovery of his attorney's failure to file a direct appeal did not meet any exception to the PCRA's timeliness requirements.

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J. S10010/01

� 1 Appellant, Michael Carr, asks us to determine whether the trial court erred when it denied his PCRA petition as untimely without affording him a hearing. We hold that Appellant’s PCRA petition is untimely as it was filed more than one year from the date Appellant’s conviction became final. We also hold that Appellant’s recent discovery of trial counsel’s failure to file a direct appeal on his behalf does not meet any exception to the PCRA’s timeliness requirements. Accordingly, we affirm the order denying PCRA relief.

� 2 The relevant facts and procedural history of this appeal are as follows. On June 1, 1995, the Commonwealth charged Appellant with robbery *fn1 in connection with a bank heist that occurred in April 1995. On August 7, 1995, Appellant entered an open guilty plea to the robbery charge. The court imposed a sentence of six and one-half to twenty years’ incarceration on September 25, 1995.

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