Com. v. Kawalig, M.
Com. v. Kawalig, M. No. 1598 MDA 2016
| Pa. Super. Ct. | Jun 28, 2017Background
- Michael Kawalig, a lifetime SORNA registrant since 1999, failed to complete quarterly registrations due April 18, July 18, and October 18, 2015 (and Jan. 18, 2016).
- Kawalig visited State Police on March 30, 2015 to register a new address but did not complete the quarterly registration; he had signed forms acknowledging the duty to reappear within three business days for address changes and that nonreceipt of reminder letters did not excuse compliance.
- The State Police mailed reminder letters on March 31 and April 3, 2015; Kawalig did not register in April.
- Officer Fernandes located Kawalig at work on May 18, 2015; after waiving Miranda, Kawalig allegedly said he thought he did not need to register and that he had moved on May 5, 2015; at trial Kawalig gave inconsistent testimony and offered no documentary proof of an April registration.
- A jury convicted Kawalig of two knowing SORNA reporting violations (failure to register quarterly and failure to notify of new address). He was sentenced to 36–72 months after post-sentence relief reduced an earlier 40–80 month term; Kawalig appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court erred by denying jury instruction on mistake/ignorance | Commonwealth implicitly argued mistake instruction unnecessary given evidence of awareness and prior acknowledgments | Kawalig argued ignorance/mistake should have been presented to jury | Waived — defense counsel did not object after charge; claim not preserved under Pa.R.Crim.P. 647(C) and related authority |
| Sentence illegal under 42 Pa.C.S. § 9718.4 (mandatory minimum) | Commonwealth initially defended mandatory minimum but conceded post-appellate authority rendered it invalid | Kawalig argued mandatory minimum violated rights (Alleyne) and produced illegal sentence | Vacated — mandatory minimum in § 9718.4 cannot be applied; case remanded for resentencing without it |
| Sufficiency of evidence to prove knowing mens rea for both reporting offenses | Commonwealth: evidence (reminder letters, prior signed acknowledgments, long registration history, inconsistent defendant testimony) supported a finding of knowledge | Kawalig: claimed he believed March 30 visit satisfied the requirement and denied receiving letters; lacked mens rea | Affirmed — viewing evidence in Commonwealth's favor, sufficient circumstantial evidence supported knowing violations |
Key Cases Cited
- Commonwealth v. Parker, 104 A.3d 17 (Pa. Super. 2014) (preservation required for jury-charge complaints)
- Commonwealth v. Pressley, 887 A.2d 220 (Pa. 2005) (submission of proposed points alone does not preserve charge error)
- Commonwealth v. Blakney, 152 A.3d 1053 (Pa. Super. 2016) (section 9718.4 mandatory minimums unconstitutional under Alleyne)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts increasing mandatory minimum must be found by a jury)