Com. v. Webber, W.

J-A08008-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAYNE MICHAEL WEBBER :
:
Appellant : No. 275 WDA 2018
Appeal from the Judgment of Sentence January 23, 2017
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0003911-2017
BEFORE: PANELLA, P.J., STABILE, J., and McLAUGHLIN, J.
JUDGMENT ORDER BY PANELLA, P.J.: FILED MAY 23, 2019
Wayne Michael Webber appeals from the judgment of sentence entered
after the trial court found him guilty of failing to comply with sexual offender
registration requirements under the Sex Offender Registration and Notification
Act, 42 Pa.C.S.A. §§ 9799.10-9799.41 (“SORNA”). As the Commonwealth
concedes Webber is entitled to relief on appeal, we reverse his conviction and
vacate the judgment of sentence.1
Webber pled guilty to one count of aggravated indecent assault of a child
and one count of corruption of minors in 2004. Under Megan’s Law II,
operative at the time, Webber was required to register as a sex offender for
the rest of his life. Relevant to this appeal, the legislature replaced all previous
____________________________________________
1 We commend the Commonwealth’s thorough exploration of possible issues
in this appeal, which could serve as a model for Anders briefs.
J-A08008-19
versions of Megan’s Law with SORNA effective December 20, 2012. Among
other modifications, SORNA increased the registration requirements imposed
on many offenders subject to its purview.
The Pennsylvania Supreme Court subsequently determined that
SORNA’s registration requirements constituted de facto punishment. See
Commonwealth v. Muniz, 164 A.3d 1189, 1218 (Pa. 2017). Further, the
Supreme Court concluded that retroactive application of SORNA’s registration
scheme violated the ex post facto clause of the United States Constitution.
See id.In March of 2017, the trial court convicted Webber of failing to comply
with SORNA’s registration requirements. Specifically, the court found that
Webber’s failure to register his change of address for three weeks after he
moved violated 18 Pa.C.S.A. § 4915.1(a)(2).
The Commonwealth concedes Webber was convicted of failing to comply
with SORNA’s registration requirements. See Appellee’s Brief, at 11 (noting
none of the statutes Webber was charged with violating were in effect at the
time of his guilty plea in 2004). The Commonwealth further acknowledges that
“application of SORNA has the effect of inflicting greater punishment on
[Webber] than the law in effect at the time he committed his crimes.” Id.
Therefore, it admits that Webber’s conviction violates the ex post facto
prohibition in the United States Constitution. See id., at 13.
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J-A08008-19
We agree. SORNA’s requirements cannot be lawfully imposed on Webber
after Muniz. See Commonwealth v. Fernandez, 195 A.3d 299, 310 (Pa.
Super. 2018) (en banc) (“Following Muniz, SORNA’s sexual offender
requirements may not be imposed retroactively on any defendant…); see also
Commonwealth v. Horning, 193 A.3d 411, 416-417 (Pa. Super. 2018)
(holding that application of SORNA’s registration requirements to offender
convicted of crimes committed in 2002 and 2004 would violate ex post facto
clause of Pennsylvania Constitution). Further, pursuant to Commonwealth
v. Derhammer, 173 A.3d 723, 729 (Pa. 2017), the Commonwealth could not
convict Webber of failing to register under any version of Megan’s Law. Finally,
Webber could not have been convicted of failing to comply with 42 Pa.C.S.A.
§ 9799.55, as that statute was not passed until February 21, 2018 – nearly a
year after his trial. Accordingly, we reverse his conviction for failing to comply
with sexual offender registration requirements.
Conviction reversed. Judgment of sentence vacated.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/23/2019
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