COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS

COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS No. 1860 EDA 2009 2010 PA Super 185 Atlantic: n/a Petition for Reargument Filed 10/18/2010 Filed: 10/7/2010
	Appeal from the Judgment of Sentence entered June 19, 2009, in the Court of Common Pleas of Delaware County, Criminal, at No. CP-23-CR-0004874-2007.
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion Opinion by: LAZARUS, J.
Marc Brooks (“Appellant”) appeals from the judgment of sentence imposed after a jury convicted him of two counts of endangering the welfare of two minor victims, as well as multiple sexual offenses involving one of the minor victims. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JAMES HOWARD NEIMAN, JR.

COMMONWEALTH OF PENNSYLVANIA v. JAMES HOWARD NEIMAN, JR. No. 1747 MDA 2007 2010 PA Super 162 Atlantic: n/a Filed: 9/8/2010
	Appeal from the Judgment of Sentence, September 27, 2007, in the Court of Common Pleas of Schuylkill County Criminal Division at No. CP-54-CR-0001870-2005, CP-54-CR-0001871-2005
Before: FORD ELLIOTT, P.J., STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS, AND MUNDY, JJ.
Opinion by: FORD ELLIOT, P.J.
Concurring and Dissenting Opinion by: DONOHUE, J.
Appellant, James Howard Neiman, Jr., challenges the judgment of sentence entered following his convictions for numerous sexual offenses against two child victims. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. LESTER MASKER

COMMONWEALTH OF PENNSYLVANIA v. LESTER MASKER No. 2931 EDA 2009 2010 PA Super 161 Atlantic: n/a Filed: 9/7/2010
	Appeal from the PCRA Order of September 18, 2009 In the Court of Common Pleas of Pike County, Criminal Division, Nos. CR-0000003-07, CP-52-CR-0000026-2007
Before: DONOHUE, SHOGAN, and LAZARUS, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: SHOGAN, J.
Lester Masker appeals from the trial court’s order denying his petition, after a hearing, filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9741-46. Masker pled guilty to one count each of involuntary deviate sexual intercourse, incest, indecent assault (M-1), corruption of minors, and indecent assault (M-2). The charges stemmed from Masker’s admission that he engaged in oral sex and penetrated the genitals with his tongue of his 13-year-old victim, his adopted daughter, touched her breasts with his hand, masturbated in front of her while at the same time touching and licking her, and touched her between her legs with his hands and licked her body. The inappropriate conduct occurred on and off for almost six years when the victim was eight until she was fourteen-years-old.

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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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COMMONWEALTH OF PENNSYLVANIA v. BARMI FUENTES

COMMONWEALTH OF PENNSYLVANIA v. BARMI FUENTES No. 817 EDA 2008 2010 PA Super 36 Atlantic: n/a Filed: 3/17/2010
	Appeal from the Judgment of Sentence February 29, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0312481-2006
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN, & ALLEN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: BENDER, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s negotiated guilty plea to the charges of aggravated indecent assault, 18 Pa.C.S.A. § 3125, and three counts of robbery, 18 Pa.C.S.A. § 3701(a)(1). On appeal, Appellant seeks review of the trial court’s determination that he is a sexually violent predator (SVP) under Megan’s Law. Specifically, Appellant contends the trial court erred in determining the Commonwealth proved by clear and convincing evidence that: (1) Appellant suffered from an antisocial personality disorder and (2) Appellant was “likely” to engage in future predatory sexual violence. We affirm.

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IN THE INTEREST OF A.C.(at 2252) IN RE: A.C. APPEAL OF: A.C.(at 1967)

IN THE INTEREST OF A.C.(at 2252) IN RE: A.C. APPEAL OF: A.C.(at 1967) No. 2252 WDA 2007 and 1967 WDA 2008 2010 PA Super 34 Atlantic: n/a Filed: 3/15/2010
	Appeal from the Order Entered November 13, 2007 In the Court of Common Pleas of Butler County Civil Division at No. MSD#04-40311
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
A.C. (Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HOWARD WILGUS

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HOWARD WILGUS No. 1100 MDA 2008 2009 PA Super 116 Atlantic: 975 A.2d 1183 Filed: 6/26/2009
	Appeal from the Order entered May 27, 2008 In the Court of Common Pleas of Dauphin County Criminal Division at No. CP-22-CR-0002439-2007
Before: ALLEN, CLELAND AND FITZGERALD*, JJ.
Opinion by: CLELAND, J.
We are called on to decide whether the Legislature, in requiring a Megan’s Law offender to register his “residence,” included within the requirement the circumstances of this case in which the defendant is a homeless and transient person.

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Superior Court 8/6/08 - Comm. v. Cannon

COMMONWEALTH OF PENNSYLVANIA v. JAMES P. CANNON, III
No. 66 EDA 2008 2008 PA Super 178 Atlantic: n/a Filed: 8/6/2008
Appeal from the Judgment of Sentence entered October 27, 2006, Court of Common Pleas, Chester County, Criminal Division at No. CP-15-CR-0005047-2005
Before: MUSMANNO, DONOHUE and KELLY, JJ.
Opinion by: DONOHUE, J.
James P. Cannon, III (“Cannon”) appeals from the judgment of sentence of 29 to 59 months of imprisonment followed by 12 years of probation. Upon review, we affirm.

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I. Did the [trial court] err in denying [his] motion
for Psychiatric Examination?
II. Was the evidence presented at the Sexually
Violent Predator Hearing held pursuant to 42
Pa.C.S.A. § 9795.4 sufficient to support the
conclusion that [Cannon] should be classified as
a Sexually Violent Predator?
III. Did the [trial court] abuse its discretion when reimposing
sentence?

Superior Court 8/4/08 - COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER GEORGE FEUCHT

COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER GEORGE FEUCHT
No. 1478 WDA 2007 2008 PA Super 176 Atlantic: n/a Filed: 8/4/2008
Appeal from the Judgment of Sentence of Jun 11, 2007, in the Court of Common Pleas of Erie County, Criminal Division at No. CP-25-CR-0002027-2006
Before: ORIE MELVIN, ALLEN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is a direct appeal from judgment of sentence. Appellant claims there was insufficient evidence to support his classification as a sexually violent predator (“SVP”). Additionally, he seeks permission to appeal the discretionary aspects of sentence. In this latter claim, Appellant contends the court abused its discretion by imposing a sentence that was outside the sentencing guidelines and unreasonable. We affirm.

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Superior Court 4/18/08 - COMMONWEALTH OF PENNSYLVANIA v. ROBERT JOHN FLETCHER

COMMONWEALTH OF PENNSYLVANIA v. ROBERT JOHN FLETCHER
No. 311 WDA 2007 2008 PA Super 74 Atlantic: n/a Filed: 4/18/2008
Appeal from the Judgment of Sentence of January 8, 2007, in the Court of Common Pleas of Lawrence County, Criminal Division at No. 1597 of 2005
Before: MUSMANNO, ORIE MELVIN AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence imposed following Appellant’s guilty pleas to charges related to the sexual abuse of his minor niece, including two counts of indecent assault. Appellant was sentenced and designated a sexually violent predator (“SVP”) for purposes of Pennsylvania’s Megan’s Law. Appellant presents argument on only one issue for our review: whether the SVP designation was supported where there was insufficient evidence that Appellant engaged in predatory behavior in the assaults on his niece. When this Court reviews the sufficiency of the evidence supporting a determination of SVP status, “we will reverse the trial court only if the Commonwealth has not presented clear and convincing evidence sufficient to enable the trial court to determine that each element required by the statute has been satisfied.” Commonwealth v. Haughwout, 837 A.2d 480, 484 (Pa. Super. 2003) (citation omitted). We affirm.