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NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA

v.

WAYNE MICHAEL WEBBER

Appellant : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 275 WDA 2018 Appeal from the Judgment of Sentence January 23, 2017 In the Court of C ommon Pleas of Allegheny County Criminal Division at No(s): CP

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BEFORE: PANELLA, P.J., STABILE, J., and McLAUGHLIN, J. JUDGMENT ORDER BY PANELLA, P.J.: FILED MAY 23, 2019 Wayne Michael Webber appeals from the judgment of sentence entered after the trial court found him guilty of failing to comply with sexual offender registration requirements under the Sex Offender Registration and Notification Act, 42 Pa.C.S.A. §§ 9799.10

- 9799.41 (“SORNA”). As the Commonwealth concedes Webber is entitled to relief on appeal, we reverse his conviction and vacate the judgment of sentence

. 1 Webber pled guilty to one count of aggravated indecent assault of a child and one count of corruption of minors in 2004. Under Megan’s Law II, operative at the time, Webber was required to register as a sex offender for the rest of his life. Relevant to this appeal, the legislature replace d all previous

_________________ __________ ______ ____ _______ 1 We commend the Commonwealth’s thorough exploration of possible issues in t his appeal , which could serve as a model for Anders briefs.J

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versions of Megan’s Law with SORNA effective December 20, 2012. Among other modifications, SORNA increased the registration requirements imposed on many offenders subject to its purview. The Pennsylvania Supreme Court subsequently determine d that SORNA’s registration requirements constituted de facto punishment. See Commonwealth v. Muniz , 164 A.3d 1189, 1218 (Pa. 2017). Further, the Supreme Court concluded that retroactive application of SORNA’s registration scheme violated the ex post facto clause of the United States Constitution. See id

. In March of 2017, the trial court convicted Webber of failing to comply with SORNA’s registration requirements. Specifically, the court found that Webber’s failure to register his change of address for th ree weeks after he moved violated 18 Pa.C.S.A. § 4915.1(a)(2). The Commonwealth concedes Webber was convicted of failing to comply with SORNA’s registration requirements. See Appellee’s Brief, at 11 (noting none of the statutes Webber was charged with vio lating were in effect at the time of his guilty plea in 2004). The Commonwealth further acknowledges that “application of SORNA has the effect of inflicting greater punishment on [Webber] than the law in effect at the time he committed his crimes.” Id

. Therefore, it admits that Webber’ s conviction violates the ex post facto prohibition in the United State s Constitution. See id ., at 13.J

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We agree. SORNA’s requirements cannot be lawfully imposed on Webber after Muniz

. See Commonwealth v. Fernandez , 195 A.3d 299, 310 (Pa. Super. 2018) ( en banc ) (“Following Muniz , SORNA’s sexual offender requirements may not be imposed retroactively on any defendant...); see also Commonwealth v. Horning , 193 A.3d 411, 416

- 417 (Pa. Super. 2018) (holding that application of SO RNA’s registration requirements to offender convicted of crimes committed in 2002 and 2004 would violate ex post facto clause of Pennsylvania Constitution). Further , pursuant to Commonwealth v. Derhammer , 173 A.3d 723 , 729 (Pa. 2017), the Commonwealth coul d not convict Webber of failing to register under a ny version of Megan’s Law

. Finally , Webber could not have been convicted of failing to comply with 42 Pa.C.S.A. § 9799.55, as that statute was not passed until February 21, 2018

– nearly a year after his t rial. Accordingly, we reverse his conviction for fail ing to comply with sexual offender registration requirements. Conviction reversed. Judgment of sentence vacated. Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 5/23/2019