J-S04031-19 2019 PA Super 79 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JUAN BERMUDES PRIETO : : Appellant : No. 512 MDA 2018 Appeal from the Judgment of Sentence January 8, 2018 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001356-2017 BEFORE: SHOGAN, J., OTT, J., and STEVENS*, P.J.E. OPINION BY STEVENS, P.J.E.: FILED MARCH 18, 2019 Appellant, Juan Bermudes Prieto, appeals from the judgment of sentence entered in the Court of Common Pleas of Luzerne County following his plea of nolo contendere to three counts of possession of child pornography, 18 Pa.C.S.A. § 6312(d). Additionally, Appellant’s counsel has filed a petition seeking to withdraw his representation, as well as a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and Commonwealth v. Santiago, 602 Pa. 159, 978 A.2d 349 (2009) (hereinafter “Anders brief”). After a careful review, we grant counsel’s petition to withdraw and affirm Appellant’s judgment of sentence. The relevant facts and procedural history are as follows: On February 18, 2017, following an incident at Luigi’s Pizza in Mountain Top, Pennsylvania, the police discovered Appellant in possession of “[t]hree digital images or videos of a child or children under the age of 18 years old engaging in sexual ____________________________________ * Former Justice specially assigned to the Superior Court. J-S04031-19 activities or a simulation of sexual activities.” N.T., 10/11/17, at 5. Accordingly, Appellant was arrested, and the Commonwealth filed a twenty- two count criminal complaint against Appellant. On October 11, 2017, Appellant, who was represented by counsel, proceeded to a hearing before the Honorable David W. Lupas, and he entered a negotiated plea of nolo contendere to the charges indicated supra. With regard to the plea agreement, the Commonwealth informed the trial court: Unless otherwise stated, the parties have not made any agreement as to sentencing. [Appellant] must pay costs and the Commonwealth moves to withdraw the remaining charges. The Commonwealth agrees to a sentence of two to four years. [Appellant] waives the 90 days for the Sexual Offender’s Assessment Board [(“SOAB”)] evaluation. [Appellant] must register pursuant to the Adam Walsh Act [(SORNA)1]. [Appellant] ____________________________________________ 1 The Sex Offender Registration and Notification Act (“SORNA”), 42 Pa.C.S.A. §§ 9799.10-9799.41, was enacted on December 20, 2011, and became effective on December 20, 2012. Effective February 21, 2018, the legislature enacted Act 10, which added a new subchapter to SORNA, “Continued Registration of Sexual Offenders.” 42 Pa.C.S.A. §§ 9799.51-9799.75. The stated purpose of Act 10 was, inter alia, to address Commonwealth v. Muniz, 640 Pa. 699, 164 A.3d 1189 (2017). Act 29 of 2018 reenacted Act 10, effective June 12, 2018. In the case sub judice, Appellant committed his crimes, entered his plea, and was sentenced prior to the 2018 amendments. He has presented no claims regarding the possible retroactive application of the legislature’s new amendments, and there is no indication the Pennsylvania State Police have attempted to classify Appellant under the new legislation. ...
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