Commonwealth v. Moore, 112520 PASUP, 1566 WDA 2018

Docket Nº:1566 WDA 2018
Opinion Judge:DUBOW, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. LEE ANDREW MOORE Appellant
Judge Panel:BEFORE: BENDER, P.J.E., DUBOW, J., and FORD ELLIOTT, P.J.E.
Case Date:November 25, 2020
Court:Superior Court of Pennsylvania

COMMONWEALTH OF PENNSYLVANIA

v.

LEE ANDREW MOORE Appellant

No. 1566 WDA 2018

Superior Court of Pennsylvania

November 25, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered March 26, 2018 In the Court of Common Pleas of Mercer County Criminal Division at No(s): CP-43-CR-0000378-2012

BEFORE: BENDER, P.J.E., DUBOW, J., and FORD ELLIOTT, P.J.E.

JUDGMENT ORDER

DUBOW, J.

Appellant, Lee Andrew Moore, appeals from the Judgment of Sentence entered on March 26, 2018. This appeal is on remand from the Supreme Court of Pennsylvania, which granted the Commonwealth's Petition for Allowance of Appeal and vacated our prior decision with instructions to apply Commonwealth v. Lacombe, 234 A.3d 602 (Pa. 2020).1 After careful review, we affirm Appellant's Judgment of Sentence.

Between 2004 and 2008, Appellant sexually abused his former stepson. In July 2013, a jury convicted Appellant of Involuntary Deviate Sexual Intercourse, Unlawful Contact with Minor, Statutory Sexual Assault, Corruption of Minors, and Indecent Assault.2 The trial court sentenced Appellant to an aggregate term of nine to twenty-five years of imprisonment. Appellant timely appealed, but this Court denied relief. See Commonwealth v. Moore, 116 A.3d 682 (Pa. Super. 2014) (unpublished memorandum), appeal denied, 117 A.3d 296 (Pa. 2015).

On September 2, 2016, Appellant timely sought collateral relief, challenging the legality of his sentence. Following a hearing, on February 1, 2018, the PCRA court granted Appellant relief and vacated his sentence. On March 26, 2018, the court imposed a new aggregate sentence of five and one-half to seventeen years of incarceration followed by twelve years of probation. The sentencing court also notified Appellant that, pursuant to Subchapter I of the Sex Offender Registration and Notification Act ("SORNA"), 42 Pa.C.S. §§ 9799.51-9799.75, [3] he must register as a convicted sex offender with the Pennsylvania State Police ("PSP") for the remainder of his life.

Appellant timely filed a Post-Sentence Motion, challenging his obligation to register as a convicted sex offender on the ground that SORNA's provisions were constitutionally punitive, ex post facto laws. Following argument, the sentencing court denied him relief.

Appellant timely appealed and filed a court-ordered Pa.R.A.P. 1925(b) Statement. The sentencing court issued a responsive Opinion. Appellant raises the...

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