Com. v. Jordan, B. ( 2021 )

J-A24034-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
BILLY LEE JORDAN :
:
Appellant : No. 416 WDA 2020
Appeal from the Judgment of Sentence Entered February 20, 2020
in the Court of Common Pleas of Potter County
Criminal Division at No(s): CP-53-CR-0000136-2019
BEFORE: BENDER, P.J.E., McLAUGHLIN, J., and MUSMANNO, J.
MEMORANDUM BY MUSMANNO, J.: FILED FEBRUARY 04, 2021
Billy Lee Jordan (“Jordan”) appeals from the judgment of sentence
imposed following his conviction of failure to register with the Pennsylvania
State Police1 as required under Pennsylvania’s Sexual Offender Registration
and Notification Act (“SORNA”).2 We affirm.
On August 1, 2010, Jordan was convicted of taking indecent liberties
with children,3 a sex offense, in Johnson County, North Carolina.
Consequently, North Carolina law required Jordan to register as a sex offender
for ten years.
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1 18 Pa.C.S.A. § 4915.2(a)(1).
2 See 42 Pa.C.S.A. §§ 9799.10-9799.41.
3 14 N.C.G.S.A. § 14-202.1.
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On August 29, 2018, Jordan moved to Pennsylvania to be with his
girlfriend, Cassandra Shumac (“Shumac”), and their child. That same day,
Jordan met with Pennsylvania State Trooper Sierra Rose (“Trooper Rose”), at
the Coudersport State Police barracks, to register his Pennsylvania address.
Trooper Rose reviewed each page of the Sexual Offender Registration form
with Jordan, and Jordan signed the registration form. Jordan registered his
Pennsylvania address as 26 Cow Hollow Road, Roulette, Pennsylvania
(“Shumac’s residence”).
In March 2019, Jordan began staying with Callista Bisher (“Bisher”), at
48 River Street, Roulette, Pennsylvania (“Bisher’s residence”). Jordan spent
approximately half of his days and nights at Bisher’s residence. Jordan spent
the remainder of his time at Shumac’s residence. Jordan did not register
Bisher’s residence with the Pennsylvania State Police. Jordan continued to
split time between these residences from March 16, 2019, until April 8, 2019,
when he was arrested and charged with failing to register Bisher’s residence
with the Pennsylvania State Police.
Following a jury trial on December 19, 2019, Jordan was found guilty of
the above-mentioned offense. The trial court ordered preparation of a pre-
sentence investigation report, and deferred sentencing. On February 20,
2020, the trial court sentenced Jordan to 24 to 48 months in prison, with credit
for time served.
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Jordan filed a timely Notice of Appeal and court-ordered Pa.R.A.P.
1925(b) Concise Statement of errors complained of on appeal.
Jordan now presents the following claims for review:
1. Did the [j]ury err in finding [Jordan] guilty despite lack [sic] of
evidence showing [] Jordan had changed his residence for a period
in excess of three days[?]
2. Did the [t]rial [c]ourt err in denying [Jordan]’s [M]otion for
directed verdict at the conclusion of the case[?]
3. Is the language of the sexual offender registration notice
unconstitutionally void for vagueness to the point where a
common person would not fully understand the requirements
thereof[?]
Brief for Appellant at 8.
At the outset, we observe that the Argument section of Jordan’s
appellate brief does not include any argument in regards to his second and
third claim. Rather, Jordan’s Argument section is devoted entirely to his first
claim, and consequently, his second and third claims are waived. See
Pa.R.A.P. 2119(a) (providing that “[t]he argument shall be divided into as
many parts as there are questions to be argued; and shall have at the head
of each part--in distinctive type or in type distinctively displayed--the
particular point treated therein, followed by such discussion and citation of
authorities as are deemed pertinent.”); see also Commonwealth v.
Thomas, 908 A.2d 351, 353-52 (Pa. Super. 2006) (citing Pa.R.A.P. 2119(a),
and stating that issues raised in the Statement of Questions Involved, but not
subsequently addressed in the Argument, are waived on appeal).
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Jordan argues that the Commonwealth failed to present sufficient
evidence that Jordan had changed his residence, intended to change his
residence, or became transient. Brief for Appellant at 16. Jordan cites 42
Pa.C.S.A. § 9799.124 for the proposition that in order to establish “residency,”
an offender charged with a violation of 18 Pa.C.S.A. § 4915.2(a) must live in
a location for 30 consecutive days. Brief for Appellant at 16-17. Jordan
contends that he was not required to register a change in address because he
had never moved out of Shumac’s residence, and had, instead, split time
between Bisher’s residence and Shumac’s residence over a period of 22 days.
Id. at 17-24, 35-36. Additionally, Jordan asserts that he was only required
to report a change in address if he had stayed at Bisher’s residence for at least
3 consecutive days. Id. at 24-28. Jordan claims that he left all of his personal
items “including cloth[e]s, birth certificate, video gaming machine, and his
dog” at Shumac’s residence, and would return nearly every day to take care
of the house and his child. Id. at 28-29. Further, Jordan asserts that his own
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4 Section 9799.12 of SORNA defines a “Residence” as “[a] location where an
individual resides or is domiciled or intends to be domiciled for 30 consecutive
days or more during a calendar year. The term includes a residence which is
mobile including a houseboat, mobile home, trailer or recreational vehicle.”
42 Pa.C.S.A. § 9799.12. Additionally, a “Temporary Lodging” is defined as
“[t]he specific location, including street address, where a sexual offender is
staying when away from the sexual offender’s residence for seven or more
days.” Id. Further, the term “Transient” is defined as “[a] sexual offender
who does not have a residence but nevertheless resides in this Commonwealth
in a temporary habitat or other temporary place of abode or dwelling, including
but not limited to, a homeless shelter or park.” Id.
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testimony established that he was aware of his registration requirements, was
not intending to change his residence, and that he kept no personal items or
other indicia of residence at Bisher’s residence. See id. at 30-44.
Jordan challenges the sufficiency of the evidence, for which we adhere
to the following standard of review:
A claim challenging the sufficiency of the evidence is a question of
law. Evidence will be deemed sufficient to support the verdict
when it establishes each material element of the crime charged
and the commission thereof by the accused, beyond a reasonable
doubt. … When reviewing a sufficiency claim the court is required
to view the evidence in the light most favorable to the verdict
winner giving the prosecution the benefit of all reasonable
inferences to be drawn from the evidence.
Commonwealth v. Widmer, 744 A.2d 745, 751-52 (Pa. 2000) (citations
omitted). “Any doubts regarding a defendant’s guilt may be resolved by the
fact-finder unless the evidence is so weak and inconclusive that as a matter
of law no probability of fact may be drawn from the combined circumstances.”
Commonwealth v. Moreno, 14 A.3d 133, 136 (Pa. Super. 2011) (citations
omitted). Additionally, “[t]he fact finder is free to believe all, part, or none of
the evidence presented at trial.” Id.The Crimes Code, in relevant part, provides as follows:
4915.2. Failure to comply with 42 Pa.C.S.[A.] Ch. 97 Subch.
I registration requirements
(a) Offense defined.--An individual who is subject to
registration under 42 Pa.C.S.[A.] § 9799.55(a), (a.1), or (b)
(relating to registration) … commits an offense if the individual
knowingly fails to:
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(1) register with the Pennsylvania State Police as required
under 42 Pa.C.S.[A.] § 9799.56 (relating to registration
procedures and applicability)[]
18 Pa.C.S.A. § 4915.2(a)(1).
Section 9799.55 of SORNA provides, in relevant part, as follows:
§ 9799.55. Registration
(a) Ten-year registration.-- … the following individuals shall be
required to register with the Pennsylvania State Police for a period
of 10 years:
***
(3) Individuals who currently have a residence in this
Commonwealth who have been convicted of offenses similar to
the crimes cited in paragraphs (1)(i) or (ii) and (2) under the
laws of the United States or one of its territories or possessions,
another state, the District of Columbia ….
42 Pa.C.S.A. § 9799.55(a)(3).5
Section 9799.56 of SORNA provides, in relevant part, as follows:
§ 9799.56. Registration procedures and applicability
(a) Registration.--
(1)(i) Offenders and sexually violent predators shall be
required to register with the Pennsylvania State Police as
specified in section 9799.54 (relating to applicability).
***
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5 As Jordan now resides in the Commonwealth of Pennsylvania, his North
Carolina conviction requires him to register as a sex offender with the
Pennsylvania State Police. See 42 Pa.C.S.A. § 9799.55(a)(3); 14 N.C.G.S.A.
§ 14-202.1.
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(iii) For purposes of registration, offenders and sexually
violent predators shall provide the Pennsylvania State
Police with all current or intended residences….
(2) Offenders and sexually violent predators shall inform the
Pennsylvania State Police within three business days of:
(i) A change of residence or establishment of an
additional residence or residences. In the case of an
individual who has a residence as defined in paragraph
(2) of the definition of “residence” in section 9799.53
(relating to definitions), the individual shall inform the
Pennsylvania State Police of the following:
(A) the location of a temporary habitat or other
temporary place of abode or dwelling, including a
homeless shelter or park, where the individual is
lodged;
(B) a list of places the individual eats, frequents and
engages in leisure activities and any planned
destinations, including those outside this
Commonwealth; and
(C) the place the individual receives mail, including a
post office box.
42 Pa.C.S.A. § 9799.56(a)(1)-(2).
At trial, Trooper Rose testified that she reviewed each page of the Sexual
Offender Registration form with Jordan. N.T. (Jury Trial), 12/19/19, at 2-7;
see also id. at 3 (wherein Commonwealth Exhibit A was admitted into
evidence at trial); Commonwealth Exhibit A (Sexual Offender Registration
form), at 1-5. Trooper Rose testified that Jordan provided Shumac’s residence
as his primary residence, and that Jordan signed the form. N.T. (Jury Trial),
12/19/19, at 4-7. Trooper Rose stated that the form required Jordan to report
within three business days, “any change in residence, including but not
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limited to beginning to live in a residence, adding an additional residence,
moving out of a previously registered residence or failing to have a residence
therefore becoming transient, i.e. homeless.” Id. at 4; see also
Commonwealth Exhibit A (Sexual Offender Registration form), at 1. Further,
Trooper Rose testified that Jordan did not register any address other than
Shumac’s residence. N.T. (Jury Trial), 12/19/19, at 5-7.
Shumac testified that prior to March 16, 2019, she and Jordan had been
arguing constantly, which resulted in Jordan occasionally staying with Bisher
at Bisher’s residence. Id. at 12-14. Shumac stated that Jordan left her
residence on March 16, 2019, and began splitting time between Shumac’s
residence and Bisher’s residence, from March 16, 2019, until April 8, 2019,
when he was arrested. Id. at 13-15. Shumac brought a bag of Jordan’s
personal items, including clothing and shoes, to Bisher’s residence. Id. at 13-
14. Shumac testified that Jordan would stay every other day, or every two
days, at Bisher’s residence, but would return to Shumac’s residence to watch
their daughter. Id. at 15-17.
Bisher testified that Jordan began to reside with her in the middle of
March 2019. Id. at 32-34. On March 22, 2019, Bisher gave birth to a child,
and Jordan joined her at the hospital from March 27, 2019, until March 30,
2019. Id. at 33-36. She testified that, after her discharge from the hospital,
Jordan stayed with her about three or four times until his arrest. Id. at 38-
40. Additionally, Bisher stated that, between March 16, 2019, and April 8,
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2019, Jordan split time between her residence and Shumac’s residence. Id.
at 32-36.
The uncontroverted evidence established that Jordan was “splitting
time,” including overnight stays, between Bisher’s residence and Shumac’s
residence for a period of 22 days. N.T. (Jury Trial), 12/19/19, at 1-17, 32-
36, 38-40. Thus, ample evidence existed for the jury to determine that Jordan
intended to live at an additional residence, Bisher’s residence, beginning on
March 16, 2019. See 42 Pa.C.S.A. § 4915.2(a)(1) (requiring offenders to
register any residence with the Pennsylvania State Police in accordance with
42 Pa.C.S.A. § 9799.56); see also id. § 9799.56(a)(2)(i) (requiring offenders
to register any change in residence, or additional residences); Moreno,
supra. Therefore, the evidence is sufficient to sustain Jordan’s conviction.
Based upon the foregoing, we affirm Jordan’s judgment of sentence.
Judgment of sentence affirmed.
P.J.E. Bender joins the memorandum.
Judge McLaughlin concurs in the result.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/04/2021
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