Commonwealth v. Huapaya, 052920 PASUP, 1488 MDA 2018

Docket Nº:1488 MDA 2018, 365 MDA 2019
Opinion Judge:KUNSELMAN, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. JORGE CLAUDIO HUAPAYA, JR. Appellant COMMONWEALTH OF PENNSYLVANIA v. JORGE CLAUDIO HUAPAYA JR. Appellant
Judge Panel:BEFORE: KUNSELMAN, J., KING, J., and STEVENS, P.J.E.
Case Date:May 29, 2020
Court:Superior Court of Pennsylvania
 
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COMMONWEALTH OF PENNSYLVANIA

v.

JORGE CLAUDIO HUAPAYA, JR. Appellant

COMMONWEALTH OF PENNSYLVANIA

v.

JORGE CLAUDIO HUAPAYA JR. Appellant

Nos. 1488 MDA 2018, 365 MDA 2019

Superior Court of Pennsylvania

May 29, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered June 4, 2018, in the Court of Common Pleas of Luzerne County, Criminal Division at No(s): CP-40-CR-0001156-2017, CP-40-CR-0001156-2017

BEFORE: KUNSELMAN, J., KING, J., and STEVENS, P.J.E. [*]

MEMORANDUM

KUNSELMAN, J.

In these consolidated appeals, Jorge Claudio Huapaya Jr., appeals from the judgment of sentence imposed after a jury convicted him of multiple sex offenses. Specifically, Huapaya challenges as unconstitutional his designation as a sexually violent predator ("SVP") under the current Pennsylvania Sexual Offender Registration Act ("SORNA II"). We affirm.

The pertinent facts and procedural history are as follows. On March 3, 2017, the Commonwealth charged Huapaya with rape and related offenses arising from the sexual abuse of his daughter, B.L., over an approximate ten-year period. As noted above, a jury convicted him of all the charges. On June 5, 2018, the trial court sentenced him to an aggregate term of 192 to 408 months of imprisonment. Even though an assessment of Huapaya by the Sexual Offender Assessment Board ("SOAB") had not been completed, Huapaya agreed to be sentenced that day with the understanding that an SVP hearing would be held at a later date. See N.T., 6/5/18, at 3. Huapaya filed a nunc pro tunc appeal from his judgment of sentence on September 5, 2018. We docketed this appeal at 1488 MDA 2018.

On January 3, 2019, the trial court held the SVP hearing despite Huapaya's objection to the proceeding based upon this Court's decision in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) ("Butler I"). Notwithstanding his objection, Huapaya stipulated to the factual findings and conclusions of the SOAB assessor and the trial court found him to be an SVP. After obtaining permission from the trial court, on February 25, 2019, Huapaya filed an appeal nunc pro tunc from the trial court's SVP designation. We docketed this appeal at 365 MDA 2019.

On April 3, 2019, this Court consolidated the two appeals.1 Both Huapaya and the trial court have complied with Pa.R.A.P. 1925(a). Huapaya now raises the following issue on...

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