Commonwealth v. Chai, J.

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 157 WAL 2021
:
Respondent :
: Petition for Allowance of Appeal
: from the Unpublished
v. : Memorandum and Order of the
: Superior Court at No. 135 WDA
: 2018 entered on April 13, 2021,
JERRY CHAI, : affirming the Judgment of Sentence
: of the Westmoreland County Court
Petitioner : of Common Pleas at No. CP-65-CR-
: 0005246-2014 entered on
September 25, 2017
ORDER
PER CURIAM
AND NOW, this 5th day of October, 2022, the Petition for Allowance of Appeal is
GRANTED, limited to the following issues:
I. Where a constitutional claim for relief implicates the legality
of a sentence, is it subject to traditional waiver doctrine as
codified in Pa.R.A.P. 302(a)?
A. Does Petitioner’s claim that the provisions of
Subchapter H resulted in an excessive sentence
in violation of the federal and state constitutional
provisions related to cruel and unusual
punishment raise a legality of sentencing issue
insofar as he is challenging the trial court's
authority in imposing the sentence?
B. Does the panel’s holding in Commonwealth
v. Reslink, [257] A.3d [21] (Pa. Super. 2020),
that constitutional claims for relief directed at
Pennsylvania’s sexual offender regime that
concern the presumption of recidivism are
subject to waiver under Rule 302(a), regardless
of whether that claim sounds in legality of
sentence, conflict with well-settled aspects of
Pennsylvania jurisprudence?
The decision of the Superior Court is VACATED IN PART, limited to its finding that
Petitioner’s constitutional challenge to SORNA was waived pursuant to Commonwealth
v. Reslink, 257 A.3d 21 (Pa. Super. 2020). We REMAND for the Superior Court to apply
Commonwealth v. Thorne, __ A.3d __, 2022 WL 2231821 (Pa. 2022). Allocatur is
DENIED as to the remaining issues.
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