Com. v. Young, S. No. 3016 EDA 2019
In Commonwealth v. Young, the defendant pled guilty to third degree murder and conspiracy in Pennsylvania in 1976. He was sentenced to 1 to 20 years and was paroled after approximately 2 ½ years. Upon his release, he absconded to Kentucky. In 1981, the defendant was convicted of rape and sodomy in Kentucky. His conviction there carried a lifetime reporting requirement under Kentucky Law.
After serving his full sentence in Kentucky, the defendant was transferred to Pennsylvania to serve the balance of his conviction for the murder case. Upon his release in 2018, he was informed that he was subject to Pennsylvania’s sex offender registration requirements as a result of his convictions in Kentucky. He filed a PCRA petition in the Pennsylvania case, claiming that he cannot be subject to Pennsylvania’s registration requirements as the law was not in effect when he was convicted in Kentucky in 1981 and it therefore violates ex post facto principles.
As a preliminary matter, the court must determine whether it even has jurisdiction to hear the case. Here, the appeal arises from the docket number associated with the Pennsylvania murder and conspiracy convictions. Nevertheless, in this appeal, the defendant seeks to challenge the sex offender registration requirements that arise from a foreign judgment of sentence in Kentucky. As these sex offender registration requirements are entirely separate from his murder or conspiracy convictions or sentences, the Superior Court lacks jurisdiction to review them in this appeal. The court notes that while this is not the proper avenue for relief, to the extent that the defendant might have a valid ex post facto claim, he can file a petition for review in the Commonwealth Court.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
