Opinion
No. 157 WAL 2021
10-05-2022
COMMONWEALTH of Pennsylvania, Respondent v. Jerry CHAI, Petitioner
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 , ––– Pa. ––––, 276 A.3d 1192 (2022). Allocatur is DENIED as to the remaining issues.