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[U] Commonwealth v. Goudy

Superior Court of Pennsylvania

February 28, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
DWAYNE A. GOUDY, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered January 15, 2013 In the Court of Common Pleas of Lancaster County Criminal Division No(s).: CP-36-CR-0000622-2009 CP-36-CR-0000625-2009 CP-36-CR-0000626-2009 CP-36-CR-0000627-2009

BEFORE: BENDER, LAZARUS, and FITZGERALD, [*] JJ.

MEMORANDUM

FITZGERALD, J.

Appellant, Dwayne A. Goody, appeals pro se from the order entered in the Lancaster County Court of Common Pleas dismissing his timely pro se petition filed pursuant to the Post Conviction Relief Act[1] ("PCRA"). Appellant avers the trial court did not have subject matter jurisdiction, the crimes charged did not contain any enactment clause or contain titles as required by the Pennsylvania Constitution, the Pennsylvania Statutes have no enacting authority, law enforcement officers, magistrates, district attorneys and judges are civilly and criminally liable for their violations of the Federal Constitution, and Appellant was denied his right to have his case presented to a grand jury. We affirm.

We state the facts and procedural posture as set forth by a prior panel of this Court:

[T]he female victim [ ] was sexually assaulted by her stepfather, Appellant, approximately once a week over the course of seven years.
[When victim] was 14 years old, Appellant began having sexual intercourse with her.
[Victim] discovered she was pregnant.
[Victim] went along with appellant's plan and, after telling her mother that her boyfriend was the father of her unborn baby, her mother and Appellant took [her] to Hillcrest of Harrisburg where she had an abortion.
[Victim] clarified during her testimony that she never wanted to engage in sexual acts with Appellant, but did so because she did not want her family to be hurt by discovering what Appellant was doing to her. As such, [victim] continued to keep Appellant's abuse a secret over the course of approximately seven years.
[I]n February of 2008, [victim] finally revealed Appellant's abuse, confiding in her supervisor at her job. In response, her supervisor called [victim's school, ] and informed them of [victim's] allegations. School officials summoned police. When police interviewed [victim], she confirmed that Appellant was sexually abusing her. . . . [Appellant] was eventually arrested and charged with four counts of rape by threat of forcible compulsion, three counts of sexual assault, two counts of indecent assault of a person less than 13 years of age, two counts of indecent assault of a person less than 16 years of age, two counts of indecent assault without consent, and four counts of corrupting a minor. In addition, he was charged with single counts of statutory sexual assault, involuntary deviate sexual intercourse of a person less than 16 years of age, criminal attempt to commit involuntary deviate sexual intercourse, aggravated indecent assault of a person less than 13 years of age, and aggravated indecent assault of a child. Appellant proceeded to a jury trial, at the close of which he was found guilty of all counts of the above-stated crimes.
In addition, Appellant was subsequently deemed to be a sexually violent predator (SVP) pursuant to the Registration of Sexual Offenders Act, 42 Pa.C.S. §§ 9791-9799.9, commonly referred to as "Megan's Law." The court then sentenced him to an aggregate term of 22 to 44 years' incarceration. Appellant filed a timely post-sentence motion, which the court denied.

Commonwealth v. Goudy, 973 MDA 2010 (unpublished memorandum at 1, 3, 4, 6-7) (Pa. Super. May 10, 2011). This Court affirmed the judgment of sentence. Id. The Pennsylvania Supreme Court denied Appellant's petition for allowance of appeal. Appellant, pro se, filed a timely PCRA petition[2] and counsel was appointed. Counsel filed a Turner/Finley petition.[3] The PCRA court granted counsel's petition to withdraw. On June 15, 2013, the court dismissed the PCRA petition. This timely appeal followed.[4] Appellant filed a timely court-ordered Pa.R.A.P. 1925(b) statement of errors complained of on appeal. The PCRA court did not file a responsive opinion.[5]

Appellant raises the following issues for our review:

1. Did the trial court have subject matter jurisdiction?
2. Does the Commonwealth of Pennsylvania have and publish an enactment clause for each and every law promulgated by ...

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