Spann, L., Aplt v. PA Board of Prob & Parole

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT LEROY SPANN, : No. 71 MAP 2016 : Appellant : Appeal from the Order of the : Commonwealth Court at No. 728 MD v. : 2012 dated 6/9/16 : : PENNSYLVANIA BOARD OF : PROBATION AND PAROLE AND : PENNSYLVANIA STATE POLICE, : : Appellees : CONCURRING STATEMENT CHIEF JUSTICE SAYLOR FILED: August 16, 2017 Although I dissented in the controlling case, Commonwealth v. Muniz, ___ Pa. ___, ___, ____ A.3d ___, ___, 2017 WL 3173066 (July 19, 2017) (Opinion Announcing the Judgment of the Court), I recognize that there was a majority consensus in that decision to the effect that SORNA exacts punishment and retroactive application of the enactment violates constitutional norms. Accordingly, while I have expressed my disagreement with these propositions, see id. at ___, ___ A.3d at ___, 2017 WL 3173066, at *34-39 (Saylor, C.J., dissenting), I join the present per curiam order based on the prevailing precedent.