J-A21045-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ROBERT WALL :
:
Appellant : No. 2309 EDA 2017
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.: FILED AUGUST 15, 2018
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
J-A21045-18
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.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/15/18
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