Superior Court of Pennsylvania February 4, 2004 (Commonwealth v. Bennett)

KLEIN, J.,

Concurring.

¶ 1 I agree with the majority that the second PCRA petition was untimely and Bennett did not plead nor show the applicability of any of the three exceptions to the one-year time bar. I believe that under 42 Pa.C.S.A. § 9545(b)(ii), a defendant has 60 days to file a new PCRA from the time he ascertains or reasonably should have ascertained “the facts” that no brief was filed.