Com. v. Young, M.
Com. v. Young, M. No. 932 EDA 2016
| Pa. Super. Ct. | Mar 13, 2017Background
- In March 2015, police found Michael Young at the foot of a 16-year-old’s bed rubbing her rectum and vagina over clothing; victim and her mother reported prior incidents including exposure and touching while she slept.
- Young pled guilty to indecent assault (person unconscious) on September 14, 2015; sentenced January 22, 2016 to time served up to 12 months and 4 years county probation, with lifetime registration.
- Pursuant to 42 Pa.C.S. §9799.24, the trial court ordered a SOAB assessment; Dr. Melanie Cerone (SOAB) prepared a report and testified, concluding Young met SVP criteria.
- Dr. Cerone reviewed records (police, complaints, criminal history) but did not interview Young; she diagnosed Antisocial Personality Disorder and found predatory behavior based on access to the victim, sleeping victim, repeated acts, and exploitation.
- The Commonwealth introduced Dr. Cerone’s report and testimony at the SVP hearing; Young presented no witnesses. The trial court found Young an SVP by clear and convincing evidence and entered supplemental findings.
- Young appealed solely arguing the Commonwealth failed to present clear and convincing evidence that he is likely to reoffend and that the expert opinion improperly rested on non-sexual prior convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to classify Young as an SVP | Commonwealth: Dr. Cerone’s report and testimony, plus records, show a mental abnormality (ASPD) and predatory conduct making reoffense likely | Young: Expert opinion improperly based on prior non-sexual crimes and does not show likelihood of future sexually violent offenses | Court affirmed SVP designation — expert testimony and records provided clear and convincing evidence of ASPD, predatory behavior, and risk of reoffending |
Key Cases Cited
- Commonwealth v. Dixon, 907 A.2d 533 (Pa. Super. 2006) (salient inquiry: impetus for crime and likelihood of reoffense)
- Commonwealth v. Morgan, 16 A.3d 1165 (Pa. Super. 2011) (risk of reoffending is a factor, not an independent element)
- Commonwealth v. Hollingshead, 111 A.3d 186 (Pa. Super. 2015) (procedures for SOAB evaluation and SVP process)
- Commonwealth v. Feucht, 955 A.2d 377 (Pa. Super. 2008) (not all statutory factors must be present to support SVP designation)
- Commonwealth v. Meals, 912 A.2d 213 (Pa. 2006) (definition of clear and convincing evidence standard)
- Commonwealth v. Prendes, 97 A.3d 337 (Pa. Super. 2014) (sexual assaults on children are considered sexually violent)