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Commonwealth v. Herrold

Dismissal of post conviction relief petition as untimely was affirmed because petition was 7 years too late; the exception of after-discovered evidence of ineffective counsel raised by defendant was also untimely, and the type of ineffectiveness claim asserted by defendant is not cognizable under the Post Conviction Relief Act.

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J. S22014/01

�1 Appellant Richard Dewey Herrold appeals the order entered May 4, 2000, disposing of his first petition brought pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. �� 9541-9546. After review, we affirm.

�2 On November 14, 1989, Appellant was found guilty by a jury of rape, indecent assault, indecent exposure, endangering welfare of children, and corruption of minors. *fn1 Appellant was convicted in connection with the ongoing sexual molestation of the minor daughter of his girlfriend. On May 10, 1990, Appellant was sentenced to an aggregate term of five (5) to ten (10) years’ imprisonment.

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