Com. v. Miller, A. ( 2021 )

J-S19020-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ANDREW ANTHONY G. MILLER :
:
Appellant : No. 1128 WDA 2020
Appeal from the Judgment of Sentence Entered September 15, 2020
In the Court of Common Pleas of Venango County Criminal Division at
No(s): CP-61-CR-0000647-2018
BEFORE: DUBOW, J., MURRAY, J., and PELLEGRINI, J.*
CONCURRING/DISSENTING MEMORANDUM BY DUBOW, J.:
FILED: September 7, 2021
I agree with the Majority’s analysis of the issues raised by Appellant,
but I do not agree that this Court may consider Appellant’s registration
requirements sua sponte. Thus, I would affirm the Judgment of Sentence.
As the Majority notes, Appellant committed the sexual offenses for which
he was convicted in August 2012 and the court informed him after imposing
the aggregate sentence of 4 to 20 years’ incarceration of his obligation to
register as a sexual offender for his lifetime pursuant to the Sexual Offender
Registration and Notification Act (SORNA). Majority Memorandum at 7. Since
Appellant convicted his offenses before December 20, 2012, he is subject to
the registration requirements contained in subchapter I of SORNA, 42 Pa.C.S.
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S19020-21
§ 9799.52. In Commonwealth v. LaCombe, the Pennsylvania Supreme
Court held that the registration requirements imposed under subchapter I are
not punitive and are, therefore, not part of the sentence. Rather, they are
collateral consequences. Because registration requirements are not part of
the sentence, this Court cannot sua sponte raise a challenge to their
imposition. Appellant did not challenge his registration requirements before
the trial court or in his Pa.R.A.P. 1925(b) Statement, and he has not preserved
any issue pertaining to them. This Court, thus, does not have jurisdiction to
address his registration requirements in this Appeal.
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