Com. v. Colburn, A.
1116 WDA 2020
| Pa. Super. Ct. | Dec 3, 2021Background
- Appellant pleaded guilty (June 2015) to aggravated indecent assault and corruption of minors for a 2014 sexual assault of a 17‑year‑old; the court adjudicated him a Sexually Violent Predator (SVP) and ordered lifetime SORNA registration.
- Sentencing occurred May 24, 2016; Appellant did not appeal and his judgment became final thereafter.
- Appellant filed a pro se PCRA petition on July 5, 2018, later amended, arguing SORNA could not be applied retroactively in light of Commonwealth v. Muniz and challenging the SVP designation under Butler.
- The PCRA court dismissed the petition as untimely under the PCRA one‑year time bar, ruling it lacked jurisdiction to reach the merits.
- Appellant appealed; the Superior Court affirmed, holding the petition was facially untimely and did not satisfy the statutory timeliness exceptions.
Issues
| Issue | Appellant's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether SORNA registration violated due process / required a jury hearing | Appellant: registration imposed increased punishment without jury determination or due process | Commonwealth: petition untimely; even if reached, Butler II supports non‑criminal SVP procedure | Court: dismissed for lack of jurisdiction due to untimeliness; did not reach merits |
| Whether SORNA's retroactive application violated ex post facto clauses | Appellant: Muniz shows SORNA is punitive and cannot be retroactively applied | Commonwealth: PCRA time‑bar not satisfied; Muniz did not provide a retroactive right when petition filed | Court: petition untimely and outside the §9545 exceptions; no jurisdiction |
| Whether registration violated reputation/due process rights | Appellant: registration harms reputation and infringes due process | Commonwealth: timeliness jurisdictional defect; merits not adjudicated | Court: dismissed as untimely; no substantive ruling |
| Whether SVP finding should be vacated under Butler | Appellant: Butler (as interpreted) requires vacatur of SVP designation | Commonwealth: Butler II undermines appellant's position; but timeliness bars relief | Court: PCRA court lacked jurisdiction to grant relief; appeal affirmed |
Key Cases Cited
- Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (held SORNA registration provisions punitive and problematic for retroactive application)
- Commonwealth v. Butler, 226 A.3d 972 (Pa. 2020) (Butler II) (held SVP adjudication/procedure is not criminal punishment and not subject to Apprendi/Alleyne)
- Commonwealth v. Lacombe, 234 A.3d 602 (Pa. 2020) (discusses evolving registrant obligations as legislature amended registration law)
- Commonwealth v. Albrecht, 994 A.2d 1091 (Pa. 2010) (explains PCRA timeliness rule is jurisdictional)