February 28, 2014
COMMONWEALTH OF PENNSYLVANIA Appellee
WILLIAM L. CAIN Appellant COMMONWEALTH OF PENNSYLVANIA Appellee
WILLIAM L. CAIN Appellant
Appeal from the Order December 17, 2012 In the Court of Common Pleas of Washington County Criminal Division at No(s): CP-63-CR-0001012-2009, 2214-2010
BEFORE: PANELLA, J., OLSON, J., and WECHT, J.
In this appeal, Appellant William L. Cain, challenges the trial court's order denying his request to have his term of probation terminated due to a possible conflict between his plea agreement and the new requirements imposed by the Sexual Offender Registration and Notification Act ("SORNA"), 42 Pa.Cons.Stat.Ann. § 9799.10 et seq. This Court, sitting en banc, has recently held that SORNA cannot be utilized to override the explicit terms of a plea agreement, entered prior to the adoption of SORNA, that promised the defendant freedom from sexual offender registration requirements. See Commonwealth v. Hainesworth, 82 A.3d 444 (Pa. Super. 2013) (en banc).
In the present case, it is undisputed that Cain's nolo contendere plea was explicitly conditioned on the absence of any registration requirements. See also N.T., 10/6/2011, at 4. Therefore, pursuant to Hainesworth, we conclude that Cain cannot be required to comply with the mandates of SORNA. However, we affirm the trial court's decision not to terminate the probationary sentence; we merely reverse the trial court's order to the extent that it subjects Cain to the requirements of SORNA. See Hainesworth, supra (affirming trial court order that denied motion to terminate probation, but granted relief from SORNA requirements).
Order affirmed in part and reversed in part.