Commonwealth v. Andrews
173 A.3d 1219
| Pa. Super. Ct. | 2017Background
- Appellant Walter Andrews, a Tier III SORNA registrant, left a Philadelphia treatment facility on Nov. 6, 2015 and went to his husband's home in Franklin, PA.
- PBPP declared him delinquent and issued a warrant; agents visited the residence on Nov. 12, 2015 and found Andrews hiding; he was booked into Venango County Jail at 11:21 P.M.
- Andrews was charged and, after a bench trial, convicted under 18 Pa.C.S. § 4915.1(a)(1) for failing to register a change of residence within three business days as required by 42 Pa.C.S. § 9799.15(g).
- At sentencing the court imposed 46 to 120 months’ imprisonment; Andrews appealed, arguing the three-business-day window had not expired when he was booked.
- The statutory issues: definition of “business days” under § 9799.15(g), whether the third business day ends at a particular hour, and whether incarceration at 11:21 P.M. tolled the registration period.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Andrews) | Held |
|---|---|---|---|
| Whether Andrews failed to register within three business days after changing residence under SORNA § 9799.15(g) | The registration period had ended before arrest; the trial court treated the business day as ending earlier (trial court found noncompliance). | The three-business-day window included Nov. 12, 2015 and ran until midnight; Andrews was booked at 11:21 P.M., so statutory tolling applied upon incarceration. | Reversed: "business days" exclude weekends/PA holidays and the third business day runs until 12:00 midnight; Andrews was booked before midnight so the registration duty was tolled and conviction vacated. |
Key Cases Cited
- Commonwealth v. Warren, 84 A.3d 1092 (Pa. Super. 2014) (standards of review for statutory interpretation in criminal appeals)
- Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005) (statutory construction principles; penal statutes strictly construed)
- Pennsylvania Fin. Responsibility Assigned Claims Plan v. English, 664 A.2d 84 (Pa. 1995) (plain statutory language controls legislative intent)
- Commonwealth v. Britton, 134 A.3d 83 (Pa. Super. 2016) (distinguishing weekend days from weekdays when computing SORNA business days)