Com. v. Asher, P. No. 1133 MDA 2019
In Commonwealth v. Asher, the court again addresses the constitutionality of SORNA registration requirements in light of the Supreme Court decision in Torsilieri.
In Torsilieri, the court found that registration requirements which can result in lifetime registration violate the requirements of Apprendi and Alleyene, impose sentences in excess of the statutory maximum sentence, constitute cruel and unusual punishment and violate the separation of powers doctrine by preventing trial courts from imposing individualized sentences. To determine whether the court erred in imposing SORNA registration requirements, the court must look to the degree which the trial courts conclusions were based upon scientific evidence. The court should consider both the defendant’s evidence as well as that of the Commonwealth.
In this case, the court found that the arguments were properly preserved by defense counsel but there was no factual record. The order is therefore vacated and remanded for a hearing at which the parties can present evidence for and against the relevant constitutional and legislative determinations.
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