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[U] Commonwealth v. Zen

Superior Court of Pennsylvania

February 11, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
EDWARD V. ZEN, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order entered December 14, 2012, in the Court of Common Pleas of Monroe County, Criminal Division, at No(s): CP-45-CR-0001910-2011

BEFORE: DONOHUE, J., WECHT, J., and STRASSBURGER, [*] J.

MEMORANDUM

STRASSBURGER, J.

Edward V. Zen (Appellant) appeals from the December 14, 2012 order which classified him as a Tier I sexual offender and required him to comply with the registration and reporting requirements of the Sex Offender Registration and Notification Act (SORNA), [1] which became effective on December 20, 2012. We affirm.

Appellant was charged with numerous crimes following an incident that occurred in August 2011. In August 2012, Appellant pled guilty to indecent assault without consent[2] and three non-sexual offenses. On December 3, 2012, Appellant was sentenced, in aggregate, to four to twelve years of incarceration.[3] His sentencing order additionally provided that, beginning on December 20, 2012, he must comply with the registration requirements of the amended Megan's Law;[4] and scheduled a colloquy on those registration requirements to take place on December 14, 2012.

At the colloquy, the trial court informed the group of individuals who would be required to register under SORNA of their registration and reporting duties. The trial court then addressed the individuals separately to advise each of his or her classification and specific registration and reporting requirements. Additionally, the trial court informed all assembled that it would entertain challenges to the application of SORNA, and set January 8, 2013, as the hearing date for any such motions filed before the individual was supposed to register. N.T., 12/14/2012, at 24.

Appellant attended the colloquy, at which the trial court classified Appellant as a Tier I offender and provided Appellant with the required notice. Appellant did not, however, file a motion challenging SORNA's application to his case, and did not participate in the January 8, 2013 hearing. Instead, on January 10, 2013, Appellant filed a notice of appeal from the order of December 14, 2012. The trial court ordered Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and Appellant complied.

Appellant presents three questions for this Court's consideration.

I. Was the order issued by the honorable trial court pursuant to Pa.R.Crim.P. 720 a final appealable order pursuant to Pa.R.A.P. 341?
II. Does the SORNA's requirement that persons convicted of offenses committed prior to SORNA's effective date register as sex offenders pose additional punishment in violation of the ex post facto clauses of the Pennsylvania constitution and the United States constitution?
III. Does the SORNA violate the separation of powers doctrine by seizing for the legislature power to proscribe practices and procedure(s) in the courts and their judicial employees and officers?

Appellant's Brief at 5 (some capitalization omitted).

Appellant's first question arises from the trial court's expressed belief that Appellant waived his challenge to the applicability of SORNA by failing to file a direct appeal from his December 3, 2012 judgment of sentence, which was "the first order that directed him to comply ...


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