Supreme Court of Pennsylvania, 2017

Commonwealth v. Gilbert

Commonwealth v. Gilbert
Supreme Court of Pennsylvania · Decided August 22, 2017 · Consideration, Files, Mundy, Saylor
168 A.3d 145; 2017 WL 3599991; 2017 Pa. LEXIS 1939 (Atlantic Reporter, Third Series)

Commonwealth v. Gilbert

Opinion of the Court

ORDER

PER CURIAM

AND NOW, this 22nd day of August, 2017, the decision of the Superior Court is REVERSED. See Commonwealth v. Muni*146z, — Pa. —, 164 A.3d 1189, 2017 WL 3173066 (2017).

The “Application to Amend Caption Nunc Pro Tunc” is DENIED.

Chief Justice Saylor files a concurring statement. Justice Mundy did not participate in the consideration or decision of this case.

Concurring Opinion

Chief Justice Saylor,

concurring

Although I dissented in the controlling case, Commonwealth v. Muniz, — Pa. —, —, 164 A.3d 1189, 1228, 2017 WL 3173066 (2017) (Opinion Announcing the Judgment of the. Court), I recognize that there was a majority consensus in that decision to the effect that SORNA exacts punishment and retroactive application of the enactment violates- constitutional norms. Accordingly, while I have expressed my disagreement with these propositions, see id. at —, 164 A.3d at 1232-39, 2017 WL 3173066, at *34-39 (Saylor, C.J., dissenting), I join the present per curiam order based on the. prevailing precedent.

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