Com. v. Brooks, C.
Opinion
J-S44039-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA
Appellee
v.
CHARLES EDWARD BROOKS Appellant No. 365 WDA 2015
Appeal from the Judgment of Sentence February 17, 2015 In the Court of Common Pleas of Fayette County Criminal Division at No(s): CP-26-CR-0000386-2014
BEFORE: LAZARUS, J., STABILE, J., and JENKINS, J. MEMORANDUM BY LAZARUS, J.: FILED OCTOBER 22, 2015 Charles Edward Brooks appeals from the judgment of sentence entered in the Court of Common Pleas of Fayette County. After our review, we affirm.
A jury convicted Brooks of involuntary deviate sexual intercourse (IDSI), IDSI-forcible compulsion, IDSI with a person less than thirteen years of age, aggravated indecent assault-forcible compulsion, aggravated indecent assault with a person less than thirteen years of age, endangering the welfare of children, corruption of minors, and indecent assault-forcible compulsion. The victims, a male and a female, both testified. The female victim testified that the sexual assaults occurred when she was between the ages of five and ten.
J-S44039-15
President Judge John F. Wagner sentenced Brooks on February 17, 2015, to a total term of imprisonment of six to twelve years. Brooks was classified as a “Tier 3” offender under the Commonwealth’s Sex Offender Registration and Notification Act (“SORNA”),1 and ordered to undergo lifetime registration with the Pennsylvania State Police as a sexual offender. Brooks filed post-sentence motions, which were denied. He filed a notice of appeal on March 2, 2015. The court ordered Brooks to file a Pa.R.A.P. 1925(b) Statement of Errors Complained of on Appeal, and Brooks filed his timely Rule 1925(b) statement on March 4, 2015.
Brooks raises the following issues for our review:
1. Did the Commonwealth fail to prove beyond a reasonable doubt appellant had any inappropriate contact with the female victim in the present case?
1 On December 20, 2011, the legislature replaced Megan’s Law with SORNA, effective December 20, 2012, to strengthen registration requirements for sex offenders and to bring Pennsylvania into compliance with the Adam Walsh Child Protection and Safety Act, 42 U.S.C.A. § 16901, et seq. Commonwealth v. Sampolski, 89 A.3d 1287, 1288 (Pa. Super. 2014). Section 9799.14 of SORNA establishes a three-tiered system of specifically enumerated offenses requiring registration for sexual offenders for differing lengths of time. Id. Pursuant to section 9799.15(a)(1), a person convicted of a Tier I offense must register for 15 years. A Tier II offender must register for 25 years, while a Tier III offender, like Brooks, must register for the remainder of his or her life. 42 Pa.C.S. §§ 9799.15(a)(2), (a)(3). See Commonwealth v. McDonough, 96 A.3d 1067 (Pa. Super. 2014); see also Commonwealth v. Gaffney, 733 A.2d 616, 622 (Pa. 1999) (“Because we do not view the registration requirements as punitive but, rather, remedial, we do not perceive mandating compliance by offenders who have served their maximum term to be improper.”).
J-S44039-15
2. Did the Commonwealth fail to prove beyond a reasonable doubt that appellant engaged in any activity tending to corrupt the minor male victim by showing him inappropriate magazines or photos?
3. Did the Commonwealth fail to prove beyond a reasonable doubt that the appellant had any unlawful contact with the minor female victim since there was no physical evidence presented in the instant case?
4. Is it unconstitutional to require an appellant to register for a lifetime when said registration requirement exceeds the statutory maximum penalty for appellant’s offense?
5. Is the Adam Walsh statute unconstitutional in requiring an appellant to register for a lifetime?2
After a review of the parties’ briefs, the relevant case law and the certified record on appeal, we agree with President Judge Wagner that these claims are meritless, and we rely upon his opinion in affirming the judgment of sentence. We attach a copy of that decision in the event of further proceedings in the matter.
Judgment of sentence affirmed.
Judge Stabile joins the Memorandum.
Judge Jenkins concurs in the result.
2 We point out that Brooks summarily argues that “that to require such a registration period constitutes an unusual punishment as barred by the Pennsylvania and U.S. Constitutions[.]” Appellant's Brief at 19. Brooks fails to acknowledge, however, that the registration requirement is non-punitive, see McDonough, supra at n.1; therefore, it does not fall within the protection of the Eighth Amendment of the U.S. Constitution or Article I, Section 13 of the Pennsylvania Constitution. See Trial Court Opinion, at 3- 4; see also Commonwealth v. Perez, 97 A.3d 747 (Pa. Super. 2014) (provisions of Sex Offender Registration and Notification Act (SORNA) not punitive in nature).
J-S44039-15
Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 10/22/2015
Circulated 09/30/2015 01:48 PM
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CHARLES BROOKS No. 386 of2014 Defendant
OPINION AND ORDER.
WAGNER, P.J.
Before the Court is Defendant's Concise Statement oflssues on Appeal listing five grounds on which he is seeking relief: ( 1) Insufficient evidence that he had any inappropriate contact with the victim; (2) Insufficient. evidence that he showed the victim inappropriate magazines or photos; (3) Insufficient evidence that Defendant had any unlawful contact with the victim; (4) Unconstitutionality of the requirement for lifetime registration for a defendant such a~ .
he; and (5) Unconstitutionality of the Adam Walsh statute which requires lifetime registration.
The Defendant has been convicted by a jury of the following nine offenses: Involuntary
Deviate Sexual Intercourse, IDSI forcible compulsion; Involuntary Deviate Sexual Intercourse i II I with a person less than thirteen years of age; Aggravated Indecent Assault forcible compulsion;
\ .Aggravated Indecent Assault with a person less than thirteen years of age; Endangering the I ·! . Welfare of Children; Corruption of Minors; Indecent Assault with a person less than thirteen l years of age; Corruption of Minors, magazines, two victims; Indecent Assault forcible
compulsion contact. The trial evidence may be summarized as follows:
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Circulated 09/30/2015 01:48 PM
The first witness, c·•• C,1s••·r.;, eighteen years old at the time of the trial, testified
stepgrandmother's son, and he resided with his mother. N.T. pp. 6-7. When Ms. Ca E was . ,,!.... •.
~- between the ages of five and ten years old, her stepgrandmother, V'd tr 8-1111, was her caretaker while her mother, father, or stepfather were working. Id. p. 8. While the child was at her stepgrandrnother's house, Defendant would take her up to his bedroom and showed her .
pornographic magazines with naked men and women engaging in sexual intercourse. Id. p.9.
Sometimes Defendant would then remove her clothing and touch the young girl's chest and ·
vagina with his fingers. Id. pp. l 0-11_. The touching later progressed to "dry humping"· her while .
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her clothes were on. Id. Such activity brought Defendant's penis into contact with the victim's
pelvic area. Id. p. 15. Eventually, Defendant once forced her head down on his penis after he had removed the child's clothing. Id. Some years later, when she was sixteen years old, she finally told her stepmother's niece about the sexual abuse, Id. p. 13, and later told her stepmother after her stepmother asked about it. Id. p. 21.
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