Com. v. Kick, Z. (judgment order)
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J-S40027-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ZACHARY ORION KICK, Appellant No. 2237 MDA 2013 Appeal from the Order Entered November 15, 2013 In the Court of Common Pleas of Centre County Criminal Division at No(s): CP-14-CR-0001773-2010 BEFORE: BENDER, P.J.E., BOWES, and PANELLA, JJ. JUDGMENT ORDER BY BOWES, J.: FILED JULY 09, 2014 Zachary Orion Kick appeals from the order entered November 15, 2013, denying his petition to enforce his plea agreement or for a writ of habeas corpus e of 2014, March 14, P.L. ____, No. 19, § 3, the newest version of 42 Pa.C.S. § 9799.13, effective retroactive to December 20, 2012, Appellant is no order insofar as it requires Appellant to register as a sex offender. Appellant was initially charged with sexual assault, 18 Pa.C.S. § 4124.1, indecent assault, 18 Pa.C.S. § 3126(a)(1), simple assault, and harassment, arising from a September 18, 2010 incident involving a twentyyear-old Penn State student. Appellant entered a negotiated guilty plea to indecent assault, simple assault, and harassment, and was sentenced to J-S40027-14 ninety days to twenty-three months for indecent assault in the Centre County Correctional Facility, and a consecutive two years of probation on the Appellant was paroled on August 10, 2011. The Pennsylvania Legislature enacted a ne to comply with the federal Sex Offender Registration & Notification Act 1 As part of the new statute, an individual who, on or after the effective date of the law, was still serving a probation or parole sentence for a sexually violent offense, became subject to its provisions. The December 20, 2012 law included of fifteen years. Appellant filed the petition to enforce his plea agreement or a writ of habeas corpus, which the trial court denied on November 15, 2013. Appellant appealed on December 13, 2013. ____________________________________________ 1 Pennsylvania passed the statute in question in response to the federal 2006, 42 U.S.C. § 16901 et seq. Title I of the Act is known as the Sex Offender Registration & Notification Act. Pursuant to the Adam Walsh law, failure of a state to modify its own sex offender registration and notification statutes to meet the standards of the federal provision would result in a loss of certain federal funds for state and local law enforcement. See 42 U.S.C. § 16925. -2- J-S40027-14 On March 14, 2014, during the pendency of this appeal, the General Assembly again amended the law in question. Under the newest law, those convicted of indecent assault, a second-degree misdemeanor, between January 23, 2005, and December 19, 2012, are not subject to registration, and the law is retroactive. 42 Pa.C.S. § 9799.13 (3.1)(ii)(B). Appellant falls registration. Order vacated. Case remanded. Jurisdiction relinquished. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 7/9/2014 -3-
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