Com. v. Sailor, J. (judgment order)

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J-S32036-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. JERAMIE A. SAILOR, Appellant No. 1871 WDA 2013 Appeal from the PCRA Order entered October 29, 2013, in the Court of Common Pleas of Erie County, Criminal Division, at No(s): CP-25-CR-0000552-2004 BEFORE: PANELLA, DONOHUE, and ALLEN, JJ.: JUDGMENT ORDER BY ALLEN, J.: FILED MAY 07, 2014 In this appeal, Jeramie A. Sailor ( Appellant ) claims that the PCRA court erred in denying his petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S.A. sections 9541-9546 ( PCRA ). Within his PCRA petition, Appellant sought a court order removing him from Pennsylvania s Megan s Law website because he pled guilty to corruption of minors as a first-degree misdemeanor, a crime which does not trigger registration under the recently enacted Sex Offender Registration and Notification Act, 42 Pa.C.S.A. ยง 9799.10 et seq. ( SORNA ). The PCRA court determined that Appellant was ineligible for relief because he was no longer serving his sentence, and that even if eligible, his claim was not cognizable under the PCRA. 12/24/13, at 2-4. See PCRA Court Opinion, J-S32036-14 Recent case law supports the PCRA court s conclusion that Appellant s claim is not cognizable under the PCRA. See generally, Commonwealth v. Partee, 86 A.3d 245 (Pa. Super. 2014). We note, though, that Appellant has supplemented the certified record with reference to his Motion to Confirm [Appellant] is not Required to Register that he filed with the PCRA court on January 7, 2014. This Court has determined that a first-degree misdemeanor conviction for corruption of minors does not trigger the SORNA registration and notification requirements. See generally, Commonwealth v. Sampolski, 2014 PA Super 74, ___ A.3d ___, (Pa. Super. 2014). However, the PCRA court was unable to act on Appellant s motion while this appeal was pending. See generally, Pa.R.A.P. 1701(a). PCRA Order affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 5/7/2014 -2-

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