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Commonwealth v. Wall

SUPERIOR COURT OF PENNSYLVANIA
Aug 15, 2018
No. J-A21045-18 (Pa. Super. Ct. Aug. 15, 2018)

Opinion

J-A21045-18 No. 2309 EDA 2017

08-15-2018

COMMONWEALTH OF PENNSYLVANIA v. ROBERT WALL Appellant


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence June 19, 2017
In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0003279-2013 BEFORE: PANELLA, J., OLSON, J., and McLAUGHLIN, J. JUDGMENT ORDER BY McLAUGHLIN, J.:

Robert Wall appeals from the judgment of sentence of one to three years of incarceration followed by four years of probation, imposed on June 19, 2017, following revocation of his probation. Wall challenges his revocation sentence only; he does not challenge the finding of a violation of probation.

Wall's revocation sentence was based in part on his conviction for failure to comply with registration requirements of the Pennsylvania Sex Offender Registration and Notification Act (SORNA), 42 Pa.C.S. §§ 9799.10-9799.41 (effective 12/20/2012). See Trial Court Opinion, filed Nov. 15, 2017, at 3. Wall appealed his revocation judgment of sentence to this Court on July 18, 2017. The very next day, the Pennsylvania Supreme Court issued its ruling in Commonwealth v. Muniz , 164 A.3d 1189 (Pa. 2017) (holding that retroactive application of SORNA's registration provisions violates the federal and state ex post facto clauses), cert. denied, 138 S. Ct. 925 (2018). The Court of Common Pleas subsequently vacated the conviction for not complying with SORNA's registration requirements. See Commonwealth v. Wall , CP-51-CR-0011666-2016 (Pa. Com. Pl. Phila. Cty. May 23, 2018).

The revocation court asks us to remand for resentencing because Wall's now-vacated conviction for violating SORNA's registration requirements "factored into the arguments of counsel and the court's sentencing deliberations." Trial Court Opinion at 3. The Commonwealth agrees that we should vacate and remand for resentencing. We are likewise in accord, and we therefore vacate Wall's judgment of sentence and remand for resentencing.

Judgment of sentence vacated; case remanded for resentencing; case stricken from the argument list; jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 8/15/18


Summaries of

Commonwealth v. Wall

SUPERIOR COURT OF PENNSYLVANIA
Aug 15, 2018
No. J-A21045-18 (Pa. Super. Ct. Aug. 15, 2018)
Case details for

Commonwealth v. Wall

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA v. ROBERT WALL Appellant

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Aug 15, 2018

Citations

No. J-A21045-18 (Pa. Super. Ct. Aug. 15, 2018)