Spann, L., Aplt v. PA Board of Prob & Parole

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
LEROY SPANN, : No. 71 MAP 2016
:
Appellant : Appeal from the Order of the
: Commonwealth Court at No. 728 MD
v. : 2012 dated 6/9/16
:
:
PENNSYLVANIA BOARD OF :
PROBATION AND PAROLE AND :
PENNSYLVANIA STATE POLICE, :
:
Appellees :
CONCURRING STATEMENT
CHIEF JUSTICE SAYLOR FILED: August 16, 2017
Although I dissented in the controlling case, Commonwealth v. Muniz, ___ Pa.
___, ___, ____ A.3d ___, ___, 2017 WL 3173066 (July 19, 2017) (Opinion Announcing
the Judgment of the Court), I recognize that there was a majority consensus in that
decision to the effect that SORNA exacts punishment and retroactive application of the
enactment violates constitutional norms. Accordingly, while I have expressed my
disagreement with these propositions, see id. at ___, ___ A.3d at ___, 2017 WL
3173066, at *34-39 (Saylor, C.J., dissenting), I join the present per curiam order based
on the prevailing precedent.