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Commonwealth v. Pennybaker

Superior Court of Pennsylvania

July 28, 2015

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
KEITH PENNYBAKER, Appellant

Argued July 28, 2015

Appeal from the Judgment of Sentence of the Court of Common Pleas, Allegheny County, Criminal Division, No. CP-02-CR-0016074-2013. Before FLAHERTY, J.

David C. James, Pittsburgh, for Appellant.

Amy E. Constantine, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

BEFORE: BENDER, P.J.E., JENKINS and MUSMANNO, JJ.

OPINION

Page 531

MUSMANNO, J.

Keith Pennybaker (" Pennybaker" ) appeals from the judgment of sentence imposed following his conviction of failure to comply with the sexual offender registration requirements imposed by 42 Pa.C.S.A. § 9799.10, et seq., also known as the Sexual Offender Registration and Notification Act (" SORNA" ).[1] We affirm.

Pennybaker was convicted of rape[2] at a non-jury trial in 1997. As a result thereof, he became subject to a mandatory registration requirement for sexual offenders.[3] Because rape is a Tier III sexual offense under SORNA, Pennybaker became subject to a lifetime registration requirement. See 42 Pa.C.S.A. § 9799.14(d)(2) (establishing rape as a Tier III sexual offense); see also id. § 9799.15(a)(3) (requiring an individual convicted of a Tier III sexual offense to register for life). In 2011, Pennybaker was released from prison, and complied with his registration requirement on at least two occasions. Pennybaker was thereafter incarcerated for six months in 2013 and, prior to his release, was notified of the requirement to update his residence registration upon his release from prison.[4] Nevertheless, following his release on September 18, 2013, Pennybaker failed to comply with his SORNA registration requirement.

On October 4, 2013, Pennybaker was charged with one count of failure to comply with registration requirements under 18 Pa.C.S.A. § 4915.1. The matter proceeded to a non-jury trial on April 4, 2014, at which Pennybaker admitted that he was aware of his registration requirement and that he had failed to comply with it. At the conclusion of the trial, the trial court found Pennybaker guilty of violating section 4915.1(a)(2). On April 10, 2014, the Commonwealth filed a Notice of Intention to Seek Mandatory Sentence, pursuant to 42 Pa.C.S.A. § 9718.4(a)(1)(iii). In response, Pennybaker filed a Motion to Bar Application of Mandatory Minimum Sentence and, subsequently, an Amended Motion. On April 29, 2014, the Commonwealth

Page 532

filed a Motion to Apply Mandatory Minimum Sentence. Pennybaker filed a Reply Brief on May 7, 2014. At the sentencing hearing on May 23, 2014, the trial court denied Pennybaker's Motion and sentenced him to the mandatory minimum period of incarceration of 36 to 72 months. Pennybaker filed a Post-Sentence Motion on May 30, 2014, and Additional Persuasive Authority on June 2, 2014. On June 3, 2014, the trial court denied Pennybaker's Post-Sentence Motion.

On July 3, 2014, Pennybaker filed a timely Notice of Appeal. On December 1, 2014, after several requests for extension of time, Pennybaker filed a Concise Statement of Errors Complained of on Appeal. On December 23, 2014, the trial court ...


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