J-S64036-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
DONALD HAGNER
Appellant No. 1132 WDA 2014
Appeal from the Judgment of Sentence June 27, 2014
In the Court of Common Pleas of Fayette County
Criminal Division at No(s): CP-26-CR-0002011-2013
BEFORE: GANTMAN, P.J., BENDER, P.J.E., and LAZARUS, J.
MEMORANDUM BY GANTMAN, P.J.: FILED OCTOBER 24, 2014
Appellant, Donald Hagner, appeals from the judgment of sentence
entered in the Fayette County Court of Common Pleas, following his guilty
plea to four (4) counts of aggravated indecent assault and one (1) count of
corruption of minors.1 We affirm.
In its opinion, the trial court fully sets forth the relevant facts and
procedural history of this case. Therefore, we have no reason to restate
them.
Appellant raises two issues for our review:
IS IT UNCONSTITUTIONAL TO REQUIRE…APPELLANT TO
REGISTER FOR A LIFETIME WHEN SAID REGISTRATION
____________________________________________
1
18 Pa.C.S.A. §§ 3125(a)(1), (a)(2), (a)(7), (a)(8), and 6301(a)(1),
respectively.
J-S64036-14
REQUIREMENT EXCEEDS THE STATUTORY MAXIMUM
PENALTY FOR APPELLANT’S OFFENSE?
IS THE ADAM WALSH STATUTE UNCONSTITUTIONAL IN
REQUIRING…APPELLANT TO REGISTER FOR A LIFETIME?
(Appellant’s Brief at 7).
Pennsylvania law states that registration requirements under the
Sexual Offender Registration and Notification Act (“SORNA”), 42 Pa.C.S.A.
§§ 9799.10-9799.41, do not constitute criminal punishment.
Commonwealth v. McDonough, 96 A.3d 1067 (Pa.Super. 2014). In
McDonough, this Court rejected the argument that mandating compliance
with SORNA by offenders, who have served their maximum term, is
unconstitutional. Id.
After a thorough review of the record, the briefs of the parties, the
applicable law, and the well-reasoned opinion of the Honorable Gerald R.
Solomon, we conclude Appellant’s issues merit no relief. The trial court
opinion discusses and properly disposes of the questions presented. (See
Trial Court Opinion, filed July 28, 2014, at 2-4) (finding: registration
requirements imposed by SORNA are remedial, not punitive; registration is
properly characterized as collateral consequence of defendant’s plea;
application of registration requirements is not limited by factors which
control imposition of sentence; offender who has served maximum term can
still be required to comply with SORNA registration requirements; thus,
application of lifetime registration under SORNA to Appellant is not
-2-
J-S64036-14
unconstitutional). Accordingly, we affirm on the basis of the trial court
opinion.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/24/2014
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