Com. v. Manuszak, A. ( 2018 )


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  • J-A10001-18
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COMMONWEALTH OF PENNSYLVANIA             :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    Appellee              :
    :
    v.                         :
    :
    ANTHONY MANUSZAK                         :
    :
    Appellant             :        No. 704 EDA 2017
    Appeal from the Judgment of Sentence February 3, 2017
    In the Court of Common Pleas of Montgomery County
    Criminal Division at No(s): CP-46-CR-0002397-2015
    BEFORE:     GANTMAN, P.J., McLAUGHLIN, J., and RANSOM*, J.
    JUDGMENT ORDER BY GANTMAN, P.J.:                     FILED APRIL 13, 2018
    Appellant, Anthony Manuszak, appeals from the judgment of sentence
    entered in the Montgomery County Court of Common Pleas, following his
    negotiated guilty plea to two counts of possession of child pornography (18
    Pa.C.S.A. § 6312(d)) that Appellant entered on September 22, 2015.          On
    February 3, 2017, the court imposed the negotiated aggregate sentence of
    three (3) to nine (9) years’ imprisonment and determined Appellant is a
    sexually violent predator (“SVP”).     Appellant timely filed post-sentence
    motions on February 13, 2017, which the court denied on February 16, 2017.
    Appellant timely filed a notice of appeal on February 23, 2017. On February
    27, 2017, the court ordered Appellant to file a concise statement of errors per
    Pa.R.A.P. 1925(b). Following an extension, Appellant timely complied on May
    25, 2017.
    ____________________________________
    * Retired Senior Judge assigned to the Superior Court.
    J-A10001-18
    On July 28, 2017, Appellant filed an application for relief in this Court
    seeking a remand to amend his Rule 1925(b) statement due to our Supreme
    Court’s decision in Commonwealth v. Muniz, ___ Pa. ___, 
    164 A.3d 1189
    (2017), cert. denied, ___ U.S. ___, 
    138 S.Ct. 925
    , ___ L.Ed.2d ___ (2018).
    This Court granted Appellant’s request on August 21, 2017. On September 6,
    2017, Appellant filed an amended Rule 1925(b) statement.
    On appeal, Appellant challenges the validity of his SVP status in light of
    Muniz (holding registration requirements under Sexual Offender Registration
    and   Notification   Act   (“SORNA”)   constitute   criminal   punishment)   and
    Commonwealth v. Butler, 
    173 A.3d 1212
     (Pa.Super. 2017) (holding
    provision of SORNA which requires court to decide whether defendant is SVP
    by clear and convincing evidence violates federal and state constitutions
    because it increases criminal penalty to which defendant is exposed without
    fact-finder making necessary factual findings beyond reasonable doubt;
    vacating SVP status and remanding to trial court for sole purpose of issuing
    appropriate notice under 42 Pa.C.S.A. § 9799.23, governing appellant’s sex
    offender registration and reporting requirements). The Commonwealth does
    not oppose vacating Appellant’s SVP status and remanding for the limited
    purpose of providing Appellant with new notice of his sex offender registration
    and reporting requirements under Section 9799.23. See Commonwealth v.
    Rizzuto, 
    566 Pa. 40
    , 73, 
    777 A.2d 1069
    , 1088 (2001) (stating: “Parties may
    by stipulation resolve questions of fact or limit the issues, and, if the
    -2-
    J-A10001-18
    stipulations do not affect the jurisdiction of the court or the due order of the
    business and convenience of the court they become the law of the case”);
    Commonwealth v. Mathis, 
    463 A.2d 1167
     (Pa.Super. 1983) (supporting
    stipulations in criminal cases). Consistent with the parties’ stipulations, we
    affirm Appellant’s convictions, vacate his SVP status, and remand to the trial
    court to give Appellant new notice of his sex offender registration and
    reporting requirements under Section 9799.23.1 We affirm the judgment of
    sentence in all other respects.
    Judgment of sentence affirmed in part and vacated in part; case
    remanded with instructions and hereby stricken from the argument list.
    Jurisdiction is relinquished.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 4/13/18
    ____________________________________________
    1SORNA, at 42 Pa.C.S.A. §§ 9799.10-9799.41, went into effect on December
    20, 2012, and became the statute governing the registration and supervision
    of sex offenders. SORNA was recently amended by H.B. 631, 202 Gen.
    Assem., Reg. Sess. (Pa. 2018), Act 10 of 2018. Upon remand, the court must
    be cognizant that the prior version of SORNA applies to Appellant.
    -3-
    

Document Info

Docket Number: 704 EDA 2017

Filed Date: 4/13/2018

Precedential Status: Precedential

Modified Date: 4/13/2018