Commonwealth v. Fernandez
| Decision Date | 05 September 2018 |
| Docket Number | No. 1946 EDA 2015,No. 1940 EDA 2015,No. 1909 EDA 2015,No. 1941 EDA 2015,No. 1936 EDA 2015,No. 1943 EDA 2015,No. 2039 EDA 2015,No. 1945 EDA 2015,No. 1907 EDA 2015,No. 1917 EDA 2015,No. 1900 EDA 2015,No. 1944 EDA 2015,No. 1948 EDA 2015,No. 1947 EDA 2015,No. 1913 EDA 2015,No. 1939 EDA 2015,No. 1888 EDA 2015,No. 1918 EDA 2015,No. 1904 EDA 2015,1888 EDA 2015,1900 EDA 2015,1904 EDA 2015,1907 EDA 2015,1909 EDA 2015,1913 EDA 2015,1917 EDA 2015,1918 EDA 2015,1936 EDA 2015,1939 EDA 2015,1940 EDA 2015,1941 EDA 2015,1943 EDA 2015,1944 EDA 2015,1945 EDA 2015,1946 EDA 2015,1947 EDA 2015,1948 EDA 2015,2039 EDA 2015 |
| Citation | 195 A.3d 299 |
| Parties | COMMONWEALTH of Pennsylvania v. Carlos FERNANDEZ, Appellant Commonwealth of Pennsylvania v. Deborah Jedrzej, Appellant Commonwealth of Pennsylvania v. Joseph Lewis, Appellant Commonwealth of Pennsylvania v. A.M., Appellant Commonwealth of Pennsylvania v. Carl C. Corbin, Appellant Commonwealth of Pennsylvania v. Willie Colbert, Appellant Commonwealth of Pennsylvania v. Albert Donnelly, Appellant Commonwealth of Pennsylvania v. Victor Deflice, Appellant Commonwealth of Pennsylvania v. April Greghini, Appellant Commonwealth of Pennsylvania v. Tracy L. McKinney, Appellant Commonwealth of Pennsylvania v. Jose Melendez, Appellant Commonwealth of Pennsylvania v. Mariano Ortiz, Appellant Commonwealth of Pennsylvania v. Robert Ned, Appellant Commonwealth of Pennsylvania v. Michael Stanger, Appellant Commonwealth of Pennsylvania v. Albert Wilson, Appellant Commonwealth of Pennsylvania v. Tyrek White, Appellant Commonwealth of Pennsylvania v. Albert Tilson, Appellant Commonwealth of Pennsylvania v. Frank Garcia, Appellant Commonwealth of Pennsylvania v. Michael T. Lovelace, Appellant |
| Court | Pennsylvania Superior Court |
Aaron J. Marcus, Public Defender, Philadelphia, for appellants.
Peter Carr, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
BEFORE: BENDER, P.J.E., BOWES, J., PANELLA, J., SHOGAN, J., LAZARUS, J., OLSON, J., DUBOW, J., MOULTON, J., and SOLANO, J.
OPINION BY PANELLA, J.
These consolidated appeals follow our Supreme Court's abrogation of the retroactive provisions from the Sexual Offender Registration and Notification Act (SORNA) in Commonwealth v. Muniz , 640 Pa. 699, 164 A.3d 1189 (2017), cert. denied , ––– U.S. ––––, 138 S.Ct. 925, 200 L.Ed.2d 213 (2018).1 After Appellants were found to have violated the terms of their respective probationary sentences, the trial court, following the mandates of Commonwealth v. Partee , 86 A.3d 245 (Pa. Super. 2014), ordered Appellants to comply with the new registration conditions and terms assigned to their crimes under SORNA. Appellants request that we reverse the decisions of the trial court, and enforce the terms of the original registration requirements from the time of their initial pleas and sentencing hearings.
We are constrained to order that under Muniz , the trial court may not increase their registration requirements under SORNA. Consequently, we find that Muniz abrogates Partee , and agree with Appellants that the original periods of sexual offender registration and conditions imposed in each case be reinstated.
The relevant facts and procedural history of these consolidated appeals are as follows. Each of the nineteen Appellants accepted plea agreements to various sexual offenses prior to SORNA's effective date, which was December 20, 2012. Under the law regarding sexual offender registration effective at the time of their plea agreements, two Appellants did not have to register as sexual offenders, and the remaining Appellants had to register for a period of ten years.2
While Appellants' cases are not identical, each is similarly situated. Two Appellants, Wilson and Colbert, pled guilty to crimes that, at the time, did not require any period of registration as sexual offenders. The remaining seventeen Appellants accepted plea deals to crimes that included ten years of registration as sexual offenders under then-existing versions of Megan's Law, 42 PA.C.S.A. §§ 9791 - 9799.7 (expired December 20, 2012). In exchange for Appellants' guilty or no-contest pleas, the Commonwealth withdrew several other charged offenses in each case. Had Appellants been convicted of these withdrawn offenses, each would have been subjected to longer periods of registration as sexual offenders. All of these dispositions occurred prior to the effective date of SORNA.
At sentencing in each case, Appellants were informed of whether they were required to register, and if so for how long. All nineteen Appellants later violated their respective probationary terms. Appellants were each resentenced, to either incarceration or additional periods of probation.
On December 20, 2011, the Legislature enacted SORNA, which, as aforesaid, became effective on December 20, 2012. Appellants were informed that they were subject to its new registration requirements.3 The new requirements increased each Appellant's registration term from its original length imposed at sentencing. Nearly all Appellants' registration terms increased to lifetime reporting requirements.4
Each Appellant filed a "Petition to Enforce Plea Agreement or for a Writ of Habeas Corpus." Appellants challenged the retroactivity of SORNA to their cases, and argued that it violated the plea deals each had made with the Commonwealth. The trial court denied Appellants' petitions, holding that Appellants were not entitled to specific performance of the negotiated plea bargain because Appellants had violated the terms of their plea agreements. In each case, the trial court relied upon Partee . This Court ultimately granted en banc review, and these consolidated appeals are now before us.
A more detailed recitation of the facts relating to each Appellant follows:
Carlos Fernandez: On September 20, 2006, Fernandez entered into a negotiated plea agreement with the Commonwealth and pled guilty to Indecent Assault, 18 PA.C.S.A. § 3126(a)(7),5 and Corruption of Minors, 18 PA.C.S.A. § 6301(a)(1)(i).6 On December 20, 2006, he was sentenced to a period of confinement followed by a term of probation. Under the applicable version of Megan's Law at the time, 42 PA.C.S.A. § 9795.1(a), Fernandez was required to register as a sex offender for a period of ten years. Thereafter, Fernandez violated the terms of his supervision and was resentenced. After SORNA became effective, he was reclassified as a Tier III offender, and retroactively subjected to lifetime registration.
Deborah Jedrzej: On January 10, 2006, Jedrzej entered into a negotiated plea with the Commonwealth and pled nolo contendere to Indecent Assault, 18 PA.C.S.A. § 3126(a)(7), Corruption of Minors, 18 PA.C.S.A. § 6301(a)(1)(i), and Endangering the Welfare of Children, 18 PA.C.S.A. § 4304(a)(1).7 Sentencing occurred on February 22, 2006, and she received a sentence of confinement followed by five years of probation. Under the applicable version of Megan's Law, 42 PA.C.S.A. § 9795.1(a), Jedrzej was required to register as a sex offender for a period of ten years for the Indecent Assault conviction. Following a violation of her probation, she was resentenced. Under SORNA, Jedrzej was reclassified requiring lifetime registration.
Joseph Lewis: Lewis entered into a negotiated plea of guilty to one count each of Unlawful Contact with a Minor, 18 PA.C.S.A. § 6318(a)(1),8 Statutory Sexual Assault, 18 PA.C.S.A. § 3122.19 , and Corruption of Minors, 18 PA.C.S.A. § 6301(a)(1)(i), on April 21, 2010. Under the applicable version of Megan's Law, the Unlawful Contact with a Minor charge required him to register as a sex offender for ten years unless he was adjudged a sexually violent predator. After receipt of the report from the Sexual Offender Assessment Board ("SOAB"), the Commonwealth elected not to request a sexually violent predator hearing. He received a sentence of incarceration followed by five years of probation. He later violated the terms of his probation and was resentenced. After the effective date of SORNA, he was reclassified to twenty-five years of registration.
Anthony Marano: Referred to as A.M. in the Superior Court docket,10 Marano entered into a negotiated plea agreement on September 21, 2010, and pleaded nolo contendere to Indecent Assault, 18 PA.C.S.A. § 3126(a)(7), and Corruption of Minors, 18 PA.C.S.A. § 6301(a)(1)(i). He was sentenced the same day to confinement followed by nine years of probation. Marano was required to register as a sex offender for a period of ten years for the Indecent Assault conviction under the then-current version of Megan's Law. After receipt of the report from the SOAB, the Commonwealth elected not to request a sexually violent predator hearing. Thereafter, Marano violated the terms of his supervision and, on December 28, 2011, his probation was revoked and he was sentenced to additional periods of incarceration. Under SORNA, Marano was reclassified for lifetime registration.
Carl Corbin: On February 7, 2011, Corbin pled guilty to Indecent Assault, 18 PA.C.S.A. § 3126(a)(7), and Corruption of Minors, 18 PA.C.S.A. § 6301(a)(1)(i). Corbin was sentenced on May 9, 2011, to five years of probation. After receipt of the report from the SOAB, the Commonwealth elected not to request a sexually violent predator hearing. Therefore, Corbin was required under Megan's Law to register for a period of ten years, 42 PA.C.S.A. § 9795.1(a). Corbin violated the terms of his probation and was later resentenced to incarceration. Pursuant to the requirements of SORNA, Corbin was notified that he was reclassified for lifetime registration.
Willie Colbert: On April 9, 1997, Colbert entered into a negotiated guilty plea to one count of attempted rape, 18 PA.C.S.A. §§ 901 & 3121.11 He was sentenced the same day to eleven and one-half to twenty-three months' confinement, followed by six years of probation. At the time of his guilty plea, Megan's Law did not apply to inchoate offenses, so Colbert was not directed to register as a sex offender. Eventually, Colbert violated the terms of his supervision, and was resentenced to further incarceration with an additional period of probation. After the effective date of SORNA, he was notified that he was reclassified to lifetime registration.
Albert Donnelly: Donnelly entered a negotiated guilty plea to Indecent...
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