Friday, March 26, 2010

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HENRY GORDON

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HENRY GORDON
No. 594 MDA 2009 2010 PA Super 49 Atlantic: n/a Filed: 3/26/2010

Appeal from the Judgment of Sentence of
March 9, 2009 in the Court of Common Pleas of Lancaster
County, Criminal Division, No. CP-36-CR-0003935-2007
Before: FORD ELLIOTT, P.J., LAZARUS and FITZGERALD, JJ.
Opinion by: LAZARUS, J.
William Henry Gordon appeals from his judgment of sentence after being convicted of violating a registration provision (failure to report address change) of Pennsylvania’s version of Megan’s Law (“Act”) and sentenced to a mandatory minimum term of 3-6 years’ incarceration. On appeal he claims: (1) under a strict reading of the applicable Megan’s Law provisions, he is not subject to prosecution for failure to comply with the registration provisions and (2) the trial court erred in admitting the testimony of a Pennsylvania State Police Trooper regarding a letter sent to Gordon explaining the registration process. Because we are bound by the statutory language of the Megan’s Law registration provisions, we are constrained to vacate and discharge the defendant.
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