Commonwealth v. MacFarlane

• Docket Number: 272 WDA 2023,J-S41039-23
• Decision Date: 28 December 2023
• Parties: COMMONWEALTH OF PENNSYLVANIA v. JACK R MACFARLANE JR. Appellant
• Court: Pennsylvania Superior Court

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COMMONWEALTH OF PENNSYLVANIA
v.
JACK R MACFARLANE JR. Appellant

No. 272 WDA 2023

J-S41039-23

Superior Court of Pennsylvania

December 28, 2023

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

Appeal from the Judgment of Sentence Entered February 3, 2023 In the Court of Common Pleas of Blair County Criminal Division at No(s): CP-07-CR-0000206-2022

BEFORE: PANELLA, P.J., OLSON, J., and STEVENS, P.J.E. ^[*]

MEMORANDUM

STEVENS, P.J.E.

Appellant, Jack R MacFarlane, Jr., appeals from the judgment of sentence entered in the Court of Common Pleas of Blair County that imposed upon him an aggregate sentence of 10 to 20 years' incarceration, followed by 10 years' probation, after he pleaded guilty to multiple sex crimes. Herein, he raises state constitutional challenges to the requirements of Revised Subchapter H of Pennsylvania's Sexual Offender Registration and Notification Act ("SORNA"), 42 Pa.C.S.A. §§ 9799.10 to 9799.40.^[1] Because his

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constitutional challenges are presented for the first time on appeal, we vacate judgment of sentence only insofar as it directs him to comply with Revised Subchapter H of SORNA and remand for further development of the relevant factual record.

The trial court provides the undisputed facts and procedural history of the present matter, as follows:

The Defendant [(hereinafter "Appellant")] was charged by Criminal Information on or about May 2, 2022. The Commonwealth charged Appellant with various sexual offenses including six counts of involuntary deviate sexual intercourse, two counts of statutory sexual assault, one count of unlawful contact with minor, one count of aggravated indecent assault, one count of corruption of minors, one count of intimidation, retaliation or obstruction in child abuse case, two counts of indecent assault and one count of selling or furnishing alcohol to a minor. The case proceeded through the pre-trial process

Appellant pled guilty [on all counts] on November 18, 2022 pursuant to a plea agreement with the Commonwealth. [The trial court] sentenced Appellant on February 3, 2023, on seven counts. Appellant's aggregate sentence was 10 to 20 years of

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incarceration which included charges of involuntary deviate sexual intercourse of person less than 16 years of age and statutory sexual assault. Appellant was also sentenced to an additional 10 years of probation running consecutive to his incarceration. [During the sentencing hearing, Appellant, who was accompanied by counsel, signed the Tier III Notice of Registration Requirements without objection.]

On March 6, 2023, Appellant filed a [timely] Notice of Appeal. [The trial court issued an Order on March 8, 2023, directing Appellant to file a Concise Statement of Matters Complained of on Appeal. As indicated above, Appellant filed his Concise Statement of Matters Complained of on Appeal on April 11, 2023.

Trial Court Opinion, 4/19/23, at 1-2.

Appellant presents the following issue for this Court's consideration:

Does the lifetime registration of persons convicted of Tier III sexual sentences whose maximum sentence is twenty (20) years violate the Pennsylvania Constitution?

Brief for Appellant, at 5.

The constitutionality of a statute presents a "pure question of law," over which our standard of review is de novo, and our scope of review is plenary. Commonwealth v. Brooker, 103 A.3d 325, 334 (Pa. Super. 2014). Our Supreme Court has also offered the following discussion of the burden borne by those seeking to invalidate a statutory scheme on constitutional grounds:

In addressing constitutional challenges to legislative enactments, we are ever cognizant that "the General Assembly may enact laws which impinge on constitutional rights to protect the health, safety, and welfare of society," but also that "any restriction is subject to judicial review to protect the constitutional rights of all citizens." In re J.B., 107 A.3d 1, 14 (Pa. 2014). We emphasize that "a party challenging a statute must meet the high burden of demonstrating that the statute clearly, palpably, and plainly violates the Constitution." Id.

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Commonwealth v. Torsilieri, 232 A.3d 567, 575 (Pa. 2020).

Appellant's first two constitutional challenges assert that the clause within Article I, Section I of the Pennsylvania Constitution recognizing individual rights to protect one's reputation and to pursue one's own happiness precludes the imposition of SORNA's Revised Subchapter H, Tier III lifetime registration requirement with the Pennsylvania State Police.^[2] In support of this argument, Appellant claims that because his registration and reporting requirements under SORNA will extend beyond his 20-year sentence, he "would be precluded from protecting his reputation due to the mandates and list-making and internet...