Com. v. Kitko, W. ( 2017 )

J-A12032-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
WALTER JAMES KITKO
Appellant No. 802 WDA 2016
Appeal from the Order May 18, 2016
In the Court of Common Pleas of Clearfield County
Criminal Division at No(s): CP-17-CR-0000501-2010
BEFORE: OLSON, SOLANO and RANSOM, JJ.
JUDGMENT ORDER BY OLSON, J.: FILED: OCTOBER 23, 2017
Appellant, Walter James Kitko, appeals from an order entered on May
18, 2016 in the Criminal Division of the Court of Common Pleas of Clearfield
County. The challenged order granted the Commonwealth’s petition to
enforce certain registration and reporting requirements set forth in
Pennsylvania’s Sex Offender Registration and Notification Act (SORNA), 42
Pa.C.S.A. §§ 9799.10-9799.41. Specifically, the trial court determined that
because Appellant continued to serve a probationary sentence as of the
effective date of SORNA (December 20, 2012) following his 2011 guilty plea
to three counts of invasion of privacy, he was subject to SORNA’s
registration and reporting requirements pursuant to 42 Pa.C.S.A.
§§ 9799.13(2). See Trial Court Opinion, 9/22/16, at 3, citing
Commonwealth v. Farabaugh, 128 A.3d 1191 (Pa. 2015). Recently,
J-A12032-17
however, our Supreme Court held that retroactive application of SORNA’s
reporting and registration requirements violates the ex post facto clause of
the United States Constitution. Commonwealth v. Muniz, 164 A.3d 1189,
1218 (Pa. 2017). In light of Muniz, we are constrained to vacate the trial
court’s May 18, 2016 order directing Appellant to report and register
pursuant to SORNA.
Order vacated. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/23/2017
-2-