Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Andrews

Superior Court of Pennsylvania

November 7, 2017

COMMONWEALTH OF PENNSYLVANIA
v.
WALTER ANDREWS, Appellant.

         Appeal from the Judgment of Sentence September 9, 2016 In the Court of Common Pleas of Venango County Criminal Division at No(s): CP-61-CR-0000627-2015

          BEFORE: DUBOW, J., SOLANO, J., and FITZGERALD J. [*]

          OPINION

          DUBOW, J.

         Appellant, 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.[1] 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.

          The 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.

         The 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, Pennsylvania.

         On 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.

         After 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.

         On July 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.

         Appellant 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. § 9799.15(g)?

Appellant's Brief at 4.

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.