Com. v. Xu, H.

J-S25028-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : HUI XU : : Appellant : No. 1506 WDA 2021 Appeal from the PCRA Order Entered November 19, 2021 In the Court of Common Pleas of Westmoreland County Criminal Division at No(s): CP-65-CR-0001572-2019 BEFORE: BENDER, P.J.E., DUBOW, J., and KING, J. MEMORANDUM BY DUBOW, J.: FILED: AUGUST 22, 2022 Appellant, Hui Xu, appeals from the November 19, 2021 Order entered in the Westmoreland County Court of Common Pleas dismissing her first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-46. Appellant challenges the PCRA court’s conclusion that she is ineligible for relief because she is no longer serving a sentence. After careful review, we affirm. The relevant facts and procedural history are as follows. On April 18, 2019, the Commonwealth charged Appellant, a Chinese national, with two counts each of Corrupt Organizations, Dealing in the Proceeds of Illegal Activity, and Trafficking in Individuals, and one count each of Promoting Prostitution and Criminal Conspiracy, arising from her ownership of four massage parlors to which she transported women for the purpose of engaging in prostitution. J-S25028-22 On December 12, 2019, with the aid of a Cantonese translator and upon advice of her counsel, Appellant entered into a negotiated guilty plea to two counts of Trafficking and one count each of Promoting Prostitution and Criminal Conspiracy. That same day, the trial court sentenced Appellant pursuant to her plea to three concurrent terms of one year less one day to two years less two days incarceration in county jail. The court awarded Appellant 260 days’ credit for time served. Appellant did not seek to withdraw her guilty plea at any time or file a post-sentence motion or direct appeal from her judgment of sentence. On July 16, 2020, Appellant filed the instant counselled PCRA petition asserting that her plea counsel, Anastasia Williams, Esquire, had rendered ineffective assistance of counsel by failing to advise Appellant that her guilty plea would likely result in her deportation. Petition, 7/16/20, at ¶ 15. She also claimed that she entered her guilty plea unintelligently, was without the aid of an interpreter when consulting with Attorney Williams, did not have the aid of an interpreter when reviewing the Westmoreland County Guilty Plea Petition, and did not complete the guilty plea petition that would have advised her of the possibility that a guilty plea may be grounds for deportation. Id. Appellant completed her sentence on March 18, 2021. On April 28, 2021, the PCRA court entered an order directing the Westmoreland County court administrator to schedule a hearing on Appellant’s PCRA petition. The order noted that “delays in scheduling [a] -2- J-S25028-22 PCRA hearing have occurred due to COVID restrictions, lack of access to a Chinese translator, and [Appellant’s] recent apprehension by ICS.” Order, 4/28/21, at ¶ 4. Appellant’s PCRA hearing took place on July 15, 2021.1 Following its consideration of …

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