Com. v. Stodghill, D.
159 MDA 2016
| Pa. Super. Ct. | Feb 9, 2017Background
- In November 2010 David M. Stodghill pled guilty (global plea) to aggravated indecent assault (docket 801-2010) and, at docket 2465-2010, to indecent assault (2nd-degree misdemeanor) and corruption of minors.
- At sentencing (May 11, 2011) he stipulated to classification as a sexually violent predator (SVP) based on the aggravated indecent assault plea; the court ordered lifetime registration under then-applicable Megan’s Law provisions.
- Stodghill did not appeal his convictions. He later filed post-conviction relief and unsuccessful challenges; the PCRA appeal was dismissed as moot when he was no longer serving a sentence.
- On September 2, 2015 he filed a pro se motion asking the trial court to confirm he was not required to register under SORNA for the convictions at docket 2465-2010; the trial court denied the motion on January 7, 2016, finding he was subject to registration.
- Stodghill appealed pro se, arguing Section 9799.13(3.1)(ii) of SORNA exempts his 2nd-degree misdemeanor indecent assault and his corruption-of-minors conviction from registration.
Issues
| Issue | Stodghill's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether Stodghill must register under SORNA for his 2nd-degree misdemeanor indecent assault | The § 3126(2nd-degree) conviction is exempt under 42 Pa.C.S. § 9799.13(3.1)(ii)(B) and thus non-registerable | Paragraph (2) of § 9799.13 applies to individuals serving sentences on Dec. 20, 2012, so the (3.1) exception does not apply here; registration required | Court held he must register for indecent assault (paragraph (2) controls because he was serving a sentence on Dec 20, 2012) |
| Whether his corruption-of-minors conviction requires registration | That conviction is not the later enumerated sexual-subsection; it is non-registerable under § 6301(a)(1) as charged | Commonwealth argued SORNA may make it registerable (including via equivalency provisions) | Court held the corruption-of-minors plea under former § 6301(a)(1) is not equivalent to the later registerable subsection; he need not register for that conviction |
| Effect of prior SVP classification on registration duration | Stodghill argued convictions at 2465-2010 are not registerable, so lifetime registration shouldn't apply | Commonwealth and trial court noted SVP designation (based on the separate aggravated indecent assault plea) triggers lifetime registration | Court agreed SVP classification based on the other docket requires lifetime registration, so registration obligation continues despite reversal as to corruption-of-minors |
| Precedent conflict resolution between Bundy and Farabaugh | Reliance on Bundy that § 9799.13(3.1) exempts certain misdemeanors | Commonwealth relied on Farabaugh restricting (3.1) to its narrower class of persons and upholding (2) where applicable | Court followed Farabaugh: (3.1) exception applies only to persons meeting that paragraph’s temporal/substantive criteria; (2) governs those serving sentences on Dec. 20, 2012 |
Key Cases Cited
- Commonwealth v. Bundy, 96 A.3d 390 (Pa. Super. 2014) (interpreting § 9799.13(3.1) to exempt certain 2nd-degree indecent-assault convictions)
- Commonwealth v. Farabaugh, 128 A.3d 1191 (Pa. 2015) (holding § 9799.13(3.1) applies only to individuals who meet that paragraph’s specific temporal/supervision criteria and that paragraph does not override § 9799.13(2) for those serving sentences on Dec. 20, 2012)
- Commonwealth v. Sampolski, 89 A.3d 1287 (Pa. Super. 2014) (holding former § 6301(a)(1) corruption-of-minors conviction is not equivalent to later registerable § 6301(a)(1)(ii) and thus not registerable under SORNA)