Com. v. Hatchett, O. ( 2014 )

J-S44016-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
OSCAR HATCHETT, JR.
Appellant No. 1823 WDA 2013
Appeal from the PCRA Order October 16, 2013
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0003441-2000
BEFORE: BENDER, P.J.E., LAZARUS, J., and OTT, J.
JUDGMENT ORDER BY LAZARUS, J.: FILED AUGUST 22, 2014
Oscar Hatchett, Jr., appeals from the order of the Allegheny County
Court of Common Pleas dismissing his petition brought pursuant to the Post
1
After careful review, we affirm the order of
Law2 registration requirements.
On appeal, Hatchett challenges the retroactive application of the
rule-based requirements governing a PCRA petition do not apply to a
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1
42 Pa.C.S. §§ 9541-9546.
2
42 Pa.C.S. §§ 9799.10-9799.41 (as amended 2011, Dec. 20, P.L. 446, No.
111, § 12).
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has jurisdiction to review orders confirming or rejecting a retroactive
Commonwealth v. Bundy, 2014 PA Super 144,
*10 (filed July 10, 2014). After a thorough review of the record, we find it
devoid of any order confirming or rejecting a retroactive registration
requirement. Accordingly, we are
Nevertheless, upon our review of the record, we found no support for
requirements. Initially, Hatchett entered negotiated guilty pleas to indecent
assault3 and unlawful restraint,4 stemming from an incident with a fellow
Pennsylvania Culinary Institute student. The court sentenced Hatchett to
See 18
Pa.C.S. § 3126(b)(1); 42 Pa.C.S. §9795(a)(1) (expired Dec. 20, 2012).
effect.5 As part of the new statute, an individual who, on or after the
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3
18 Pa.C.S. § 3126(a)(1).
4
18 Pa.C.S. § 2902(a)(1).
5
federal Sex Offender
§ 16901.
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effective date of the law, was serving a sentence of probation or parole for a
sexually violent offense became subject to its provisions. The new statute
nt assault conviction as a sexually violent
Hatchett subsequently violated his probation, and the trial court
resentenced him on July 26, 2012. Upon resentencing, Hatchett was
categorized as a Tier I sexual offender pursuant to the new version of
him that he was required to register.
On March 14, 2014, during the pendency of this appeal, the
Legislature again a
indecent assault, graded as a misdemeanor of the second degree, from the
Legislature made this amendment effective immediately and retroactive to
December 20, 2012 the effective date of the registration requirements at
issue in this appeal. See 42 Pa.C.S. § 9799.12. Giving this law retroactive
effect, as the Legislature mandated, Hatchett is not now, and effectively
never was, See
Bundy at *10 n.4.6
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6
We note with concern that the Commonwealth filed its brief on June 6,
2014 with no mention of the March 14, 2014 amendment, and remind
Appellee of its duty of candor to the tribunal pursuant to Rule 3.3(a)(2) of
the Pennsylvania Rules of Professional Conduct.
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Order affirmed. We direct the trial court to issue an order consistent
with this judgment order and forward a copy to the Pennsylvania Board of
Probation and Parole.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/22/2014
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