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Commonwealth v. Auchmuty

Denial of petition under Post Conviction Relief Act (PCRA) affirmed; defendant waived all issues on appeal by failing to comply with trial court's order directing her to file a Rule 1925(b) statement of matters complained of on appeal; defendant was not eligible for PCRA relief because she was no longer serving a sentence at time of PCRA hearing.

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� 1 Mary E. Auchmuty appeals from the August 1, 2001 order denying her pro se petition for PCRA relief. Since the PCRA court has not filed a Rule 1925 opinion, we are unable to assess the validity of the basis for denial. However, our independent review of the record reveals that Appellant has waived all issues on appeal due to her failure to comply with the trial court’s directive to file a Rule 1925 (b) statement. See Commonwealth v. Lord, 553 Pa. 415, 719 A.2d 306 (1998). Further, we find Appellant is not eligible for PCRA relief due to the fact she testified she was no longer serving a sentence at the time of the PCRA hearing. See Commonwealth v. Ahlborn, 548 Pa. 544, 699 A.2d 718 (1997). We affirm.

� 2 The record indicates the following. Appellant was charged with recklessly endangering another person for discharging a shotgun in the vicinity of William Brown on June 21, 1999. William and his father, Richard H. Brown, stopped along the roadway to inspect Appellant’s rural property after learning that it was for sale. While standing on the outskirts of Appellant’s property line, William heard a gunshot and saw the dirt in front of him spray upward. William immediately felt a burning sensation in his chest and abdomen. Richard reported the incident to the police.

� 3 Pennsylvania State Trooper Michael Boone arrived to investigate. In his report, Trooper Boone indicated that Appellant had fired her shotgun through the trees in the direction of people who were on her property. On June 25, 1999, Trooper Boone filed charges against Appellant for recklessly endangering another person in connection with the incident.

 
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