HomeMy WebLinkAboutCP-21-CR-0000903-2006
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JOSE M. MUNIZ, : CP-21-CR-903-2006
Defendant :
IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF
APPELLATE PROCEDURE 1925
Defendant Jose M. Muniz was convicted on February 7, 2007 of Indecent
Assault, 18 Pa.C.S.A. § 3126(A)(1), and Indecent Assault of a Person Less than 13
Years of Age, 18 Pa.C.S.A. § 3126(A)(7), after a nonjury trial before this Court. After a
period during which Defendant was a fugitive, Defendant was finally sentenced on
October 14, 2014. At sentencing, the current revision of the Megan’s Law registration
requirements was read to Defendant. Defendant filed a post-sentence motion seeking
to compel this Court to require Defendant to register under the version of Megan’s Law
which was in effect at the time of Defendant’s conviction. This Court denied
Defendant’s post-sentence motion on December 2, 2014, from which Defendant has
appealed.
Defendant contends that this Court erred in enforcing the current registration and
notification requirements of the Sexual Offender Registration and Notification Act,
colloquially known as Megan’s Law or SORNA. (Concise Statement of Errors
Complained of on Appeal, filed January 12, 2015). However, as was articulated in
detail in Commonwealth v. Perez, 97 A.3d 747 (Pa. Super. Ct. 2014), retroactive
application of SORNA does not violate the ex post facto clause of either the federal or
state constitutions. See also Coppolino v. Comm'r of the Pa. State Police, 102 A.3d
1254 (Pa. Commw. Ct. 2014) (holding that applying the provisions of an update to
Megan’s Law to a previous offender who had completed his sentence did not violate the
ex post facto clause).
Being clearly bound by our appellate courts on this issue, we are satisfied that
we properly denied Defendant’s post-sentence motion.
January 15, 2015 ________________________
Kevin A. Hess, P.J.
Matthew P. Smith, Esquire
Chief Deputy District Attorney
Timothy L. Clawges, Esquire
Chief Public Defender
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