J-S61032-14
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
LONNIE DALE WINGROVE, JR., :
:
Appellant : No. 641 WDA 2014
Appeal from the Judgment of Sentence Entered April 2, 2014,
In the Court of Common Pleas of Fayette County,
Criminal Division, at No(s): CP-26-CR-0001430-2013
BEFORE: FORD ELLIOTT, P.J.E., WECHT, and STRASSBURGER,* JJ.
MEMORANDUM BY: STRASSBURGER, J.: FILED OCTOBER 8, 2014
Lonnie Dale Wingrove, Jr., (Appellant), appeals from the judgment of
sentence entered following his guilty plea to one count of indecent assault -
complainant less than 13 years of age.1 After review, we affirm.
In July of 2013, Appellant was arrested and charged with sexually
assaulting his paramour’s minor daughter in May of that year. On January
8, 2014, Appellant pled guilty to the above-mentioned offense, graded as a
misdemeanor of the first degree. On April 2, 2014, Appellant was sentenced
to a term of two-and-one-half to five years’ incarceration. Additionally,
Appellant was designated by the trial court as a sexually violent predator
(SVP). As a result, Appellant was ordered to comply with the lifetime
1
18 Pa.C.S. § 3126(a)(7).
* Retired Senior Judge assigned to the Superior Court.
J-S61032-14
registration and quarterly reporting requirements of the Sex Offender
Registration and Notification Act (SORNA).2
Appellant timely filed a motion to reconsider his sentence, which was
denied on April 21, 2014. This timely appeal followed. Both the trial court
and Appellant complied with the requirements of Pa.R.A.P. 1925.
On appeal, Appellant argues that the registration and reporting
requirements imposed by SORNA are punitive in nature, manifestly
excessive, and thus, constitutionally infirm. Appellant’s Brief at 8.
Our Courts have considered, and rejected, the issue raised by
Appellant multiple times. These prior decisions reason the imposition of the
registration and notification requirements does not constitute punishment.
See, e.g., Commonwealth v. Williams, 832 A.2d 962, 986 (Pa. 2003)
(upholding as non-punitive the registration, notification, and counseling
provisions of Megan’s Law II); Commonwealth v. Rhoads, 836 A.2d 159
(Pa. Super. 2003) (same). More recently, this Court upheld the
constitutionality of SORNA’s registration requirements in Commonwealth v.
Perez, -- A.3d --, 2014 WL 3339161 (Pa. Super. July 9, 2014).
Appellant has failed to convince us that another constitutional analysis
of SORNA should produce a different result. Accordingly, we determine that
Appellant is not entitled to relief.
2
42 Pa.C.S. §§ 9799.10-9799.41.
-2-
J-S61032-14
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/8/2014
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