Commonwealth v. Nase
104 A.3d 528
| Pa. Super. Ct. | 2014Background
- Charles Nase pled guilty in 2006 to statutory sexual assault and unlawful contact with a minor for sexual intercourse with a 14-year-old; other charges were nolle prossed.
- Nase was sentenced to incarceration (served by May 2007) and, by agreement and plea colloquy, was required to register under Megan’s Law for ten years based on the unlawful contact count.
- In December 2012 Pennsylvania enacted SORNA (to comply with federal Adam Walsh Act), which extended registration periods (to 25 years for Nase’s offense at the time) and thus increased Nase’s registration term retroactively.
- Nase filed a petition in June 2013 seeking to avoid the extended registration requirement, arguing the longer term violated fairness, plea-contract principles, and constitutional protections (due process and contract clause).
- The trial court denied relief after a hearing; Nase appealed. The Superior Court reviewed whether the ten-year registration term was a material, enforceable part of his plea agreement and whether he was entitled to the benefit of that bargain.
Issues
| Issue | Plaintiff's Argument (Nase) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether the retroactive increase in registration violates the plea agreement | The ten-year registration was an implicit, bargained-for term; increasing it denies the benefit of his plea | Registration length was not a term of the negotiated plea; only the fact of registration was | Court held the ten-year term was part of the plea and Nase is entitled to that benefit |
| Whether failure to advise that registration could be retroactively increased voids the plea | Nase argued he was entitled to notice/enforcement of the specific registration term | Commonwealth relied on precedent that collateral consequences do not void pleas when not advised | Court did not rest on collateral-consequence rule alone; found record shows the ten-year term was discussed and agreed to |
| Applicability of precedent holding registration is a collateral consequence (Leidig/Benner) | Nase distinguished those cases because his plea expressly included a ten-year registration | Commonwealth relied on Leidig/Benner to argue the plea remains valid despite changes | Court distinguished Leidig and Benner on facts and found those cases not dispositive here |
| Whether equitable/contract principles require specific performance of plea terms | Nase invoked contract-law principles (Santobello, Hainesworth) to enforce bargained-for collateral term | Commonwealth argued plea terms didn’t include the specific duration and thus no specific performance | Court followed contract-enforcement line (Hainesworth) and granted relief to enforce the original ten-year term |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (plea bargains are contractual and require enforcement of promises)
- Puckett v. United States, 556 U.S. 129 (remedies for breached plea agreements)
- Commonwealth v. Kroh, 654 A.2d 1168 (Pa. Super. 1995) (characterizing plea bargains as contractual)
- Commonwealth v. Mebane, 58 A.3d 1243 (Pa. Super. 2012) (trial court discretion to enforce pre-plea agreements in interest of justice)
- Commonwealth v. Zuber, 353 A.2d 441 (Pa. 1976) (court afforded benefit of bargain where plea was illusory)
- Commonwealth v. Hainesworth, 82 A.3d 444 (Pa. Super. 2013) (enforcing bargained-for non-registration term against retroactive SORNA change)
- Commonwealth v. Leidig, 965 A.2d 399 (Pa. 2008) (Megan’s Law registration as collateral consequence; failure to advise does not automatically void plea)
- Commonwealth v. Benner, 853 A.2d 1068 (Pa. Super. 2004) (registration may be imposed by later legislation as collateral consequence)
- Commonwealth v. Partee, 86 A.3d 245 (Pa. Super. 2014) (failure to abide by plea terms can forfeit entitlement to bargain’s benefits)