Com. v. Lefever, B.
Com. v. Lefever, B. No. 781 MDA 2016
| Pa. Super. Ct. | Mar 20, 2017Background
- Brian Keith Lefever (born 1969) was convicted by a jury of unlawful contact with a minor, criminal attempt of indecent assault, and two counts of corruption of minors based on two separate public incidents (Panera, May 27, 2013; McDonald’s/Pizza Hut parking lot, Aug. 19, 2014) involving two related female victims under 18.
- Eyewitnesses at Panera observed prolonged closed-mouth kissing and the child sitting on Lefever’s lap; other witnesses in the later incident saw kissing, groping, and Lefever on top of the victim in a parked car; forensic text messages between Lefever and one victim were admitted.
- Lefever testified and presented witnesses who described less or innocuous contact; victims denied that inappropriate acts occurred or offered mitigating explanations.
- Trial court sentenced Lefever to 9–23 months’ incarceration plus seven years’ probation and classified him for lifetime sex-offender registration (Tier III) under SORNA.
- Lefever filed post-sentence motions (including a weight-of-the-evidence claim); after denial he appealed, raising (1) that the guilty verdict was against the weight of the evidence and (2) that his lifetime registration was illegal under recent Pennsylvania Supreme Court precedent.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Lefever) | Held |
|---|---|---|---|
| Whether the jury verdict was against the weight of the evidence | Witness testimony and physical evidence supported convictions; jury entitled to credit Commonwealth witnesses | Witness accounts were inconsistent and contradictory such that the verdict was unreliable | Trial court did not abuse discretion; weight claim denied |
| Whether lifetime SORNA registration (Tier III) was legally required | Multiple convictions on same information justified lifetime registration | Under Lutz‑Morrison/A.S., lifetime registration requires an act, conviction, and a subsequent act/conviction; here convictions arose from the same charging instrument without a later distinct act | Vacated lifetime classification; remanded to impose 25-year registration under SORNA |
Key Cases Cited
- Commonwealth v. Boyd, 73 A.3d 1269 (Pa. Super. 2013) (standard and scope for appellate review of weight claims)
- Commonwealth v. Diggs, 949 A.2d 873 (Pa. Super. 2008) (trial court’s weight-rule denial is highly deferential)
- Commonwealth v. Griscavage, 517 A.2d 1256 (Pa. 1986) (factfinder may accept or reject any witness testimony)
- Commonwealth v. Lee, 956 A.2d 1024 (Pa. Super. 2008) (credibility determinations are for the factfinder)
- Commonwealth v. Wolfe, 106 A.3d 800 (Pa. Super. 2014) (standard of review for pure questions of law)
- Commonwealth v. Lutz‑Morrison, 143 A.3d 891 (Pa. 2016) (Sorna lifetime registration requires an act, conviction, and a subsequent act)
- A.S. v. Pennsylvania State Police, 143 A.3d 896 (Pa. 2016) (applies Lutz‑Morrison registration analysis)
- Commonwealth v. Dickson, 918 A.2d 95 (Pa. 2007) (legality of sentence may be raised for first time on appeal)