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[U] Commonwealth v. Holtzer

Superior Court of Pennsylvania

February 6, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellant
v.
PAUL K. HOLTZER, Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered February 26, 2013, In the Court of Common Pleas of Westmoreland County, Criminal Division, at No. CP-65-CR-0000721-2010.

BEFORE: FORD ELLIOTT, P.J.E., GANTMAN and SHOGAN, JJ.

MEMORANDUM

SHOGAN, J.

Appellant, the Commonwealth of Pennsylvania ("the Commonwealth"), appeals from the order entered on February 26, 2013, in the Westmoreland County Court of Common Pleas. The order on appeal granted a petition for relief filed by Paul K. Holtzer ("Appellee") wherein he asserted he was not required to register as a sex offender pursuant to the newly enacted Sex Offender Registration and Notification Act ("SORNA"), 42 Pa.C.S.A. § 9799.10 et seq. After careful review, we affirm.

The trial court aptly set forth the relevant facts and procedural history of this matter as follows:

On February 11, 2010, a criminal complaint was issued by Magisterial District Judge Mark Mansour charging the petitioner with the following crimes: Count 1: Indecent Assault, in violation of 18 Pa. C.S.A. § 3126(a)(7), a felony of the 3rd degree; Count 2: Endangering the Welfare of Children, in violation of 18 Pa. C.S.A. § 4304(a), a felony of the 3rd degree; and Corruption of Minors, in violation of 18 Pa. C.S.A. § 6301(a)(1), a misdemeanor of the 1st degree.
On February 19, 2010 the Preliminary Hearing on these charges was waived by the petitioner. The Commonwealth issued a Criminal Information on March 17, 2010. The Criminal Information issued by the Commonwealth charged the defendant with the following crime: Count 1: Indecent Assault-Without Consent of Other, in violation of 18 Pa. C.S.A. § 3126(a)(1), a misdemeanor of the 2nd degree.
On April 16, 2010, the petitioner was brought before this Court for the purposes of entering a guilty plea pursuant to plea bargaining that had taken place between the Commonwealth of Pennsylvania and the petitioner.
This Court conducted a guilty plea colloquy with the petitioner which included a written guilty plea petition that was entered into the record on April 16, 2010. At the time of the colloquy and as part of the negotiated plea bargain, the petitioner was sentenced at two separate cases. At Case Number 719 C 2010 the petitioner pled guilty to Indecent Assault-Without Consent of Other, in violation of 18 Pa. C.S.A. § 3126(a)(1), a misdemeanor of the 2nd degree. He was sentenced to two years probation. (That case has now been completed.) At Case Number 721 C 2010 (the case currently before this Court) the petitioner pled guilty to Count 1, Indecent Assault-Without Consent of Other, in violation of 18 Pa. C.S.A. § 3126(a)(1), a misdemeanor of the 2nd degree. (This is the former Count 3, Counts 1 and 2 were dismissed by the Commonwealth.) He was sentenced to two years of probation consecutive to Case Number 719 C 2010. In addition, the petitioner was to have no unsupervised contact with minor children, undergo treatment with Dr. Pass, and one year to pay costs. No Megan Law was to apply. The petitioner's period of probation is not due to expire until April 16, 2014, in regard to this case.
At page 2 of the guilty plea petition which is a part of this record, there appears paragraph 7 which reads as follows:
7. I know that if I plead guilty to these charges, the maximum possible sentences are as follows:
Imprisonment of 2 years, fine $5, 000 (Case Number 719 C 2010)
Imprisonment of 2 years, fine $5, 000 (Case ...

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