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[U] Commonwealth v. Thompson

Superior Court of Pennsylvania

February 7, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee,
v.
LADARIUS JAMES THOMPSON, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order entered May 15, 2013, in the Court of Common Pleas of Allegheny County, Criminal Division, at No(s): CP-02-CR-0001624-2011.

BEFORE: BOWES, ALLEN, and MUSMANNO, JJ.

JUDGMENT ORDER

PER CURIAM:

Ladarius James Thompson ("Appellant") appeals from the order treating his "petition to enforce plea agreement" as an untimely PCRA petition and denying relief. Upon review, we conclude that Appellant's petition should have been considered outside of the PCRA. See generally, Commonwealth v. West, 938 A.2d 1034 (Pa. 2007). Consistent with our recent decision in Commonwealth v. Hainesworth, 2013 PA.Super. 318, * 7, __ A.3d __, __ (Pa.Super. 2013) (en banc), Appellant's petition should have been considered "as an analysis of contract law." In Hainesworth, we affirm ed the trial court's order providing that Hainesworth did not have to register under the Sex Offender Registration and Notification Act ("SORNA") because non-registration was a term of Hainesworth's negotiated guilty plea. The record in this case reveals similar facts which warrant the same disposition. Thus, we reverse and remand for the trial court to enter an order providing that Appellant need not register as a sex offender under SORNA.

Order reversed. Case remanded with instructions. Jurisdiction relinquished.

Judgment Entered.


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