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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
SCOTT KERNS, :
:
Appellant : No. 956 MDA 2014
Appeal from the PCRA Order entered on May 19, 2014
in the Court of Common Pleas of Berks County,
Criminal Division, No. CP-06-CR-0000371-2001
BEFORE: BENDER, P.J.E., SHOGAN and MUSMANNO, JJ.
MEMORANDUM BY MUSMANNO, J.: FILED NOVEMBER 26, 2014
Scott Kerns (“Kerns”) appeals, pro se, from the Order denying his
Motion to Have Defendant Reevaluated for Megan’s Law Assessment
(“Motion for Reassessment”). We affirm.
We addressed the relevant factual and procedural history in Kerns’s
appeal at No. 618 MDA 2014. Relevantly, in 2001, Kerns was sentenced to
7½ to 20 years in prison and was found to be a sexually violent predator.
Kerns filed the Motion for Reassessment while his tenth PCRA Petition,
considered in No. 618 MDA 2014, was under review. The trial court denied
the Motion for Reassessment.
On appeal, Kerns raises the following questions for our review:
I. Whether [the trial court] erred by not ordering a reevaluation
of the Megan’s Law[1] assessment after it was proven that
1
42 Pa.C.S.A. § 9795.4 at the time of sentencing.
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information that was used was false and lies from [Kerns’s] ex-
wife?
II. Did [the trial court] allow false statements proven to be lies
to be used to make [Kerns] a [sexually violent predator]?
Brief for Appellant at 4.
Outside of a direct appeal challenging the evidence supporting a
defendant’s classification as a sexually violent predator, there is no
mechanism for reassessment of the sexually violent predator determination.
See 42 Pa.C.S.A. § 9799.24; see also Commonwealth v. Lee, 935 A.2d
865, 868 (Pa. 2007) (stating that “Megan’s Law II does not contain a
provision allowing for reassessment of a defendant found to be a sexually
violent predator at any time after sentence is imposed….”) (citation
omitted). The Pennsylvania Supreme Court has held that even without a
method of reassessment, the lifetime registration, notification, and
counseling requirements of a sexually violent predator status are not
unconstitutionally punitive. See Lee, 935 A.2d at 886. Because there is no
mechanism for review, we need not address the merits of Kerns’s claims.
Thus, the trial court did not err in dismissing Kerns’s Motion for
Reassessment.
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Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/26/2014
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