OPINION BY STRASSBURGER, J:
Catalin Ghisoiu (Appellant) appeals from the July 25, 2012 order which denied his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa. C.S. §§ 9541-9546. We affirm.
On March 4, 2010, Appellant entered a negotiated plea to two counts of robbery in exchange for the dismissal of numerous other charges. Prior to sentencing, Appellant moved to withdraw his guilty pleas, claiming that he was innocent of the charges. Motion to Withdraw Guilty Pleas, 4/8/2010, at ¶ 4. The trial court denied the motion after a hearing, finding that the Commonwealth had established that it would be substantially prejudiced if Appellant were permitted to withdraw his plea. On August 11, 2010, the trial court sentenced Appellant to 44 to 88 months' incarceration. This Court affirmed Appellant's judgment of sentence on June 16, 2011, see Commonwealth v. Ghisoiu, 31 A.3d 746 (Pa.Super.2011) (table); and our Supreme Court denied Appellant's petition for allowance of appeal on December 15, 2011, see Commonwealth v. Ghisoiu, 613 Pa. 660, 34 A.3d 826 (Pa.2011) (table).
Appellant filed a timely PCRA petition on April 2, 2012, which was supplemented by counsel following her appointment. In his petition, Appellant again sought to withdraw his guilty pleas. This time Appellant claimed that plea counsel was ineffective in failing to advise him of the immigration consequences of his pleas, contrary to the mandates of Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and Commonwealth v. Wah, 42 A.3d 335 (Pa.Super.2012).
Appellant filed a timely notice of appeal. The PCRA court did not order Appellant to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b), and none was filed. On appeal, Appellant states two claims of error for our review.
Appellant's Brief at 1.
We consider Appellant's arguments under the following standard of review.
Commonwealth v. Nero, 58 A.3d 802, 805 (Pa.Super.2012) (quotations and citations omitted).
We begin by noting that while this appeal was pending, the United States Supreme Court held that "Padilla does not have retroactive effect." Chaidez v. U.S., ___ U.S. ___, 133 S.Ct. 1103, 1105, 185 L.Ed.2d 149 (2013). In so holding, the Chaidez Court determined that Padilla created a new rule of law, rather than merely having applied existing precedent to a new set of facts. See Chaidez, supra, at 1110-11.
However, "[w]hen a decision of this Court results in a `new rule,' that rule applies to all criminal cases still pending on direct review." Commonwealth v. Roney, 581 Pa. 587, 866 A.2d 351, 359 n. 32 (2005), cert. denied 546 U.S. 860, 126 S.Ct. 139, 163 L.Ed.2d 141 (2005) (quoting Schriro v. Summerlin, 542 U.S. 348, 124 S.Ct. 2519, 2522, 159 L.Ed.2d 442 (2004)). Appellant entered his guilty pleas on March 4, 2010. Padilla was decided on March 31, 2010, before Appellant filed his motion to withdraw his guilty plea or was sentenced, let alone when his judgment of sentence became final.
Nonetheless, assuming arguendo that Padilla is applicable to Appellant's PCRA claim, he is entitled to no relief. The PCRA found that both of Appellant's attorneys did, in fact, advise him that his plea could have immigration consequences, with one of them suggesting that Appellant consult an immigration attorney. The PCRA court's factual finding is binding upon this court, as it is supported by the record and is based upon the PCRA court's credibility determinations. See N.T., 7/12/2012, at 35-36, 38, 42, 45, 54-55; Commonwealth v. Spotz, 47 A.3d 63, 75 (Pa.2012) ("The PCRA court's credibility determinations, when supported by the record, are binding on this Court....").
Order affirmed.
Judge ALLEN concurs in the result.