OPINION BY GANTMAN, J.:
Appellant, Roy Robinson, appeals pro se from the order entered in the Philadelphia County Court of Common Pleas, dismissing his sixth petition, filed under the Post Conviction Relief Act ("PCRA"), at 42 Pa. C.S.A. §§ 9541-9546. We hold Appellant failed to surpass the threshold jurisdictional requirements of the PCRA, and the court properly dismissed his sixth petition as untimely. Accordingly, we affirm.
The relevant facts and procedural history of this case are as follows. On April 30, 1990, the court sentenced Appellant on his jury trial convictions to life imprisonment for first-degree murder and a concurrent term of 2½-5 years for possessing an instrument of crime. This Court affirmed the judgment of sentence on May 9, 1991. See Commonwealth v. Robinson, 595 A.2d 193 (Pa.Super.1991) (unpublished memorandum). Appellant did not seek further review. Appellant filed his first PCRA petition on October 30, 1991, which the court subsequently denied on May 29, 1998. This Court affirmed on August 20, 1999, and our Supreme Court denied allowance of appeal. See Commonwealth v. Robinson, 745 A.2d 45 (Pa.Super.1999) (unpublished memorandum), appeal denied, 563 Pa. 614, 757 A.2d 931 (2000). Appellant filed a second PCRA petition in 2002 that the court dismissed as untimely on February 19, 2003. Appellant filed a third PCRA petition in 2003 that the court dismissed as untimely on December 15, 2004.
On August 16, 2006, Appellant filed his fifth PCRA petition alleging Collins, supra constituted a "newly discovered fact" that met an exception to the PCRA's timeliness provisions. The court rejected Appellant's claim and dismissed his fifth PCRA petition as untimely on March 23, 2007. On April 2, 2008, this Court affirmed the dismissal of Appellant's fifth PCRA petition, discrediting Appellant's position that a recent Supreme Court case constitutes a "fact" within the narrow meaning of the statutory exception; our Supreme Court denied allowance of appeal on September 10, 2008. See Commonwealth v. Robinson, 953 A.2d 838 (Pa.Super.2008) (unpublished memorandum), appeal denied, 598 Pa. 766, 956 A.2d 434 (2008).
Undeterred, Appellant filed his sixth and current PCRA petition on February 11, 2009, which the court dismissed as untimely on November 30, 2009, following proper notice, pursuant to Pa.R.Crim.P. 907. Appellant timely filed a notice of appeal on December 16, 2009. On December 18, 2009, the court ordered Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), which Appellant filed on January 7, 2010 (allowing for the prisoner mailbox rule).
Appellant presents four issues for review. (See Appellant's Brief at 8). Nevertheless, the principal concern on this appeal is whether the current PCRA petition qualifies for the "newly discovered facts" exception, based on his discovery of the Pennsylvania Supreme Court's decision in Commonwealth v. Bennett, 593 Pa. 382, 930 A.2d 1264 (2007) (announced August 23, 2007).
The timeliness of a PCRA petition is a jurisdictional requisite. Commonwealth v. Hackett, 598 Pa. 350, 956 A.2d 978 (2008), cert. denied, ___ U.S. ___, 129 S.Ct. 2772, 174 L.Ed.2d 277 (2009). "Jurisdictional time limits go to a court's right or competency to adjudicate a controversy." Id. at 359, 956 A.2d at 983. A PCRA petition, including a second or subsequent petition, must be filed within one year of the date the underlying judgment becomes final.
The three statutory exceptions to the timeliness requirements of the PCRA provide very limited circumstances to excuse the late filing of a petition. 42 Pa.
42 Pa.C.S.A. § 9545(b)(1)(i)-(iii). "As such, when a PCRA petition is not filed within one year of the expiration of direct review, or not eligible for one of the three limited exceptions, or entitled to one of the exceptions, but not filed within 60 days of the date that the claim could have been first brought, the trial court has no power to address the substantive merits of a petitioner's PCRA claims." Commonwealth v. Gamboa-Taylor, 562 Pa. 70, 77, 753 A.2d 780, 783 (2000); 42 Pa.C.S.A. § 9545(b)(2).
Commonwealth v. Monaco, 996 A.2d 1076, 1080 (Pa.Super.2010) (most internal citations omitted).
Instantly, Appellant's judgment of sentence became final on or about June 10, 1991, upon expiration of the time to file a petition for allowance of appeal with the state Supreme Court. See generally Pa. R.A.P. 903 (stating notice of appeal shall be filed within 30 days after entry of order from which appeal is taken). Appellant filed his sixth (current) PCRA petition on February 11, 2009, over seventeen (17) years after his judgment of sentence became final. Accordingly, Appellant's most recent prayer for PCRA relief is patently untimely. See Bretz, supra; Vega, supra.
Nevertheless, in an effort to evade a result similar to his last appeal, Appellant states he intended the current PCRA petition to act as a "refiled" and "amended" third petition. By characterizing his sixth petition as a "refiled" and "amended" third petition, Appellant attempts to circumvent the sixty-day requirement under 42 Pa. C.S.A. § 9545(b)(2), where Appellant filed his third petition on October 18, 2007, within sixty days of the Bennett decision. Once again, Appellant tries to assert that a Supreme Court decision represents an "after discovered fact" under Section 9545(b)(1)(ii).
Both the PCRA court and later this Court have already rejected Appellant's prior attempt to assert a judicial decision as a "newly discovered fact." See Robinson, supra (filed April 2, 2008) (affirming dismissal of Appellant's fifth PCRA petition, and stating Supreme Court decision in Collins did not constitute new "fact" within narrow meaning of exception (b)(1)(ii)). Similarly, Appellant fails to meet the PCRA's sixty-day requirement under Section 9545(b)(2). See Gamboa-Taylor, supra. The Supreme Court announced the Bennett decision on August 23, 2007, triggering the sixty-day rule. See Commonwealth v. Baldwin, 789 A.2d 728 (Pa.Super.2001), appeal denied, 581 Pa. 669, 863 A.2d 1141 (2004) (stating sixty-day period begins to run upon date of judicial decision). See also Commonwealth v. Boyd, 923 A.2d 513, 517 (Pa.Super.2007), appeal denied, 593 Pa. 754, 932 A.2d 74 (2007) (stating same). Appellant did not file his sixth petition until February 11, 2009, over one year after the Bennett decision was announced and well beyond expiration of the sixty-day requirement.
Moreover, the PCRA court observed and we agree that Appellant cannot simply re-characterize his current petition as an amended earlier petition to satisfy the PCRA's timeliness requirements. See Commonwealth v. Rienzi, 573 Pa. 503, 508, 827 A.2d 369, 371 (2003) (refusing to allow untimely petition to serve as amended prior petition, although prior petition had been withdrawn without prejudice, where subsequent petition was later filed outside one-year statutory time limits). Here, Appellant's third PCRA petition was adjudicated, appealed, finally resolved, and followed
Finally, the Bennett decision provides Appellant no relief under these circumstances. See Bennett, supra (allowing specific abandonment by counsel on appeal to serve as exception to PCRA timeliness requirement under 42 Pa.C.S.A. § 9545(b)(1)(ii), where abandonment was unknown to petitioner and petitioner filed for relief within sixty days of learning of abandonment; distinguishing under precise limited conditions those Gamboa-Taylor group of cases which hold ineffectiveness of counsel claim generally does not constitute exception to statutory time requirements of PCRA). Based upon the foregoing, we hold Appellant failed to surpass the threshold jurisdictional requirements of the PCRA, and the court properly dismissed his sixth petition as untimely.
Order affirmed.