from the Judgment of Sentence September 9, 2016 In the Court
of Common Pleas of Venango County Criminal Division at No(s):
BEFORE: DUBOW, J., SOLANO, J., and FITZGERALD J. [*]
Walter Andrews, appeals from the September 9, 2016 Judgment
of Sentence entered in the Court of Common Pleas of Venango
County imposed after the trial court, sitting without a jury,
found Appellant guilty of Failure to Comply with Registration
Requirements. After careful review, we conclude that
Appellant had until 12:00 midnight on the third business day
to register his new address at an approved registration site.
Appellant was arrested and booked into jail at 11:21 P.M. on
the third business day, which tolled his registration
requirements. Therefore, we reverse Appellant's
conviction and vacate Appellant's Judgment of Sentence.
factual and procedural history is not in dispute. Appellant
is a Tier III sex offender subject to the registration
requirements under Pennsylvania's Sex Offender
Registration and Notification Act ("SORNA").
See 42 Pa.C.S. §§ 9799.10–9799.41.
On Friday, November 6, 2015, at 7:19 P.M., while under parole
supervision, Appellant left Guadenzia Residential Treatment
Facility located in Philadelphia, Pennsylvania. On Sunday,
November 8, 2015, he arrived at 38 Prospect Avenue, Franklin,
Pennsylvania, the home of Appellant's husband, Thomas
Andrews, who was also under parole supervision.
Pennsylvania Board of Probation and Parole ("PBPP")
declared Appellant delinquent from supervision, deemed him to
be an absconder, and issued a warrant for his arrest. PBPP
relayed this information to PBPP Agent Pascoe, who was
supervising Appellant in Philadelphia, and PBPP Agent Clarke,
who was supervising Appellant's husband in Franklin,
November 12, 2015, Agent Clarke and his colleague PBPP Agent
Harriger went to Mr. Andrews' home to check on Mr.
Andrews and inquire about Appellant's whereabouts. Before
knocking on the front door, Agent Clarke did a perimeter
security sweep of the home and heard voices inside. Looking
through the window, Agent Clarke observed two males standing
inside the kitchen.
calling for backup from local police, Agent Harriger knocked
on the front door with Lieutenant Baker while Agent Clarke
positioned himself outside the rear of the home. Several
minutes later, Mr. Andrews answered the door and allowed
Agent Harriger, Lieutenant Baker, and Agent Clarke into the
home. When asked if anyone else was present in the home, Mr.
Andrews responded that no one else was there. After
conducting a search of the home for approximately ninety
minutes, the agents found Appellant hiding in an upstairs
bedroom inside a cubbyhole located behind a dresser.
Lieutenant Baker took Appellant to Venango County Jail, where
Appellant was booked at 11:21 P.M.
12, 2016, after a bench trial, the trial court found
Appellant guilty of Failure to Comply with Registration
Requirements, and on September 9, 2016, sentenced him to a
term of 46 to 120 months' incarceration.
timely appealed. Both Appellant and the trial court complied
with Pa.R.A.P. 1925.
Appellant presents the following issue for our review:
Whether the trial court erred in finding the Commonwealth had
proven beyond a reasonable doubt that  Appellant had failed
to register a change in residence or termination of residence
within three business days as required by 42 Pa.C.S. §
Appellant's Brief at 4.
offense of Failure to Comply with Registration Requirements
requires that the Commonwealth prove, inter alia,
that an individual knowingly failed to register with the
Pennsylvania State Police as required under SORNA.
See 18 Pa.C.S. § 4915.1(a)(1). Pursuant to 42
Pa.C.S. § 9799.15(g), a SORNA registrant must appear at
an approved registration site within three "business
days" after leaving or changing residence or ...