Com. v. Quinones, L.
804 EDA 2016
| Pa. Super. Ct. | Oct 25, 2017Background
- Appellant Luis R. Quinones was tried nonjury and convicted of corruption of a minor (18 Pa.C.S. § 6301(a)(1)(i)) and indecent assault by forcible compulsion (18 Pa.C.S. § 3126(a)(2)) based on an incident where his 11‑year‑old godson, B.F., awoke to find a hand rubbing his buttocks and testicles under his pants.
- B.F. testified he was asleep when the contact occurred, woke up within seconds, told Quinones he would tell his mother, and Quinones immediately fled.
- Trial court sentenced Quinones to concurrent five‑year terms of probation and imposed lifetime SORNA registration.
- Quinones appealed, arguing insufficiency of the evidence as to forcible compulsion for indecent assault and that the lifetime Tier III SORNA registration was unlawful.
- Superior Court affirmed the corruption conviction but reversed the indecent assault conviction (and associated probation and SORNA requirement) because the Commonwealth did not prove forcible compulsion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether Commonwealth proved forcible compulsion for indecent assault under §3126(a)(2) | Commonwealth relied on victim's testimony of sexual contact while asleep and the defendant's trusted relationship to infer forcible compulsion | Quinones argued a sleeping victim cannot be compelled and the contact ceased immediately when victim woke, so no forcible compulsion | Reversed: evidence insufficient to prove forcible compulsion; indecent assault conviction vacated |
| Legality of lifetime SORNA Tier III registration | Commonwealth maintained registration requirement based on convictions | Quinones argued lifetime registration improper for indecent assault (Tier II) | Vacated lifetime SORNA requirement tied to indecent assault (court noted trial court erred) |
Key Cases Cited
- Commonwealth v. Price, 616 A.2d 681 (Pa. Super. 1992) (forcible compulsion found where victim awakened, protested, and defendant continued)
- Commonwealth v. Koch, 39 A.3d 996 (Pa. Super. 2011) (standard of review for sufficiency claims)
- Commonwealth v. Moreno, 14 A.3d 133 (Pa. Super. 2011) (circumstantial evidence may support conviction)
- Commonwealth v. Hartzell, 988 A.2d 141 (Pa. Super. 2009) (appellate court will not reweigh evidence)