Commonwealth v. Hainesworth
82 A.3d 444
| Pa. Super. Ct. | 2013Background
- Commonwealth appeals an order (12/19/2012) holding Hainesworth not subject to SORNA registration and ordering specific enforcement of the plea terms.
- Hainesworth pleaded guilty (2/27/2009) to three counts statutory sexual assault, three indecent assault, one criminal use; Megan's Law offenses were withdrawn.
- At plea, none of the pled offenses required Megan's Law registration; record confirms no registration obligation.
- SORNA (enacted 2011, effective 2012) created new registration duties for Tier II offenses; Hainesworth was on probation when SORNA became effective.
- Trial court found non-registration was a term of the plea bargain and thus enforceable; court declined to apply SORNA retroactively.
- Court affirmatively held the plea term not to register was enforceable under contract-law analysis, and declined to address SORNA constitutionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-registration was a term of the plea and enforceable | Commonwealth contends SORNA applies; no bargain of non-registration. | Hainesworth argues plea included non-registration as a negotiated term. | Yes; specific enforcement proper; non-registration was a term of the bargain. |
| Whether plea governs despite SORNA's retroactive application | SORNA imposes new duties; retroactivity should apply. | Term of plea controls; contract law governs. | Enforce plea term; retroactivity not controlling. |
| Whether case law supports enforcing plea terms over newer statutes | Commonwealth relies on Benner and related cases. | Benner not controlling; plea framed to avoid Megan's Law. | Enforceability supported; not controlled by Benner; contract-law approach favored. |
Key Cases Cited
- Commonwealth v. Fruehan, 384 Pa.Super. 156 (Pa.Super. 1989) (plea agreements enforced under contract-law standards)
- Commonwealth v. Kroh, 654 A.2d 1168 (Pa.Super. 1995) (ambiguous plea terms construed against Commonwealth)
- Santobello v. New York, 404 U.S. 257 (Supreme Court 1971) (promises forming part of plea must be fulfilled)
- Commonwealth v. Zuber, 466 Pa. 453 (Pa.1976) (specific enforcement when plea terms affected law governing sentence)
- Commonwealth v. Benner, 853 A.2d 1068 (Pa.Super. 2004) (distinguishable; plea bargained for non-registration not shown as bargained term)
- Leidig, 598 Pa. 211 (Pa. 2008) (voluntariness of pleas; not controlling here)
- Commonwealth v. Mebane, 58 A.3d 1243 (Pa.Super. 2012) (plea-bargain enforcement as necessity of fairness)