Opinion
J-33-2016 No. 28 MAP 2015
08-15-2016
COMMONWEALTH OF PENNSYLVANIA, Appellee v. THOMAS MICHAEL LUTZ-MORRISON, Appellant
[MO: Dougherty, J.] Appeal from the Order of the Superior Court dated September 18, 2014 at No. 1659 MDA 2013 affirming the Judgment of Sentence of the Court of Common Pleas of Lancaster County, Criminal Division, dated August 16, 2013 at No. CR-36-0003611-2012 DISSENTING OPINION JUSTICE TODD
I agree with the majority that this appeal is effectively controlled by today's decision in A.S. v. Pa. State Police, 24 MAP 2014, J-36-2016 (Pa. filed Aug. 15, 2016). In that case, I expressed my dissenting view that Megan's Law II's provision that "[a]n individual with two or more convictions of any of the offenses set forth in" 42 Pa.C.S. § 9795.1(a) "shall be subject to lifetime registration" as a sexual offender, 42 Pa.C.S. § 9795.1(b)(1), clearly and unambiguously provides that any individual who accrues multiple convictions of offenses set forth in Section 9795.1(a) is subject to lifetime registration as a sexual offender. See A.S., 24 MAP 2014, J-36-2016 (Todd, J., dissenting). In my view, SORNA's analogous provision, that an individual with "[t]wo or more convictions of offenses listed as Tier I or Tier II sexual offenses" is subject to lifetime registration, 42 Pa.C.S. §§ 9799.14(d)(16); see also 9799.15(a)(1)-(3), likewise clearly and unambiguously provides that any individual who accrues multiple convictions of Tier I or Tier II sexual offenses must register for life. Accordingly, I respectfully dissent.