Commonwealth of Pennsylvania v. Dominc Conroy

Pittsburgh, Pennsylvania, criminal def ense lawyer represent the Defendant charged with sexual assault.



The Commonwealth alleged that, between June 29 and July 24, 2006, Appellant committed, and videotaped, numerous sexual assaults against his 15-year-old biological daughter. See N.T., 5/29/07, at 5, 11. The Commonwealth further alleged that Appellant used an intercept device to "record[] all of the telephone conversations coming into and out of" Appellant's residence, without the consent of any of the parties to the telephone calls.



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CRIMINAL LAW. POST CONVICTION RELIEF ACT. The case addresses whether a motion for time credit should be treated as a petition under the Post Conviction Relief Act (PCRA) and analyzes whether such a challenge involving credit for time served pertains to the legality of the sentence, thereby making it cognizable under the PCRA.



CRIMINAL PROCEDURE. JURISDICTIONAL TIME-BAR. The case examines the jurisdictional time-bar for filing petitions under the PCRA and the necessity for petitioners to plead and prove an exception to overcome untimeliness.



CRIMINAL LAW. SENTENCE CALCULATIONS. The judgment discusses the appropriate procedural mechanisms for prisoners to challenge the calculation of time credit, distinguishing between errors due to trial court sentencing versus errors resulting from the Department of Corrections' computations.



Key Phrases - Post Conviction Relief Act - Counseled Motion for Time Credit - Indecent assault - Facially untimely petition - Legality of sentence

Affirmed.