Failure to Maintain Sex Offender Registration • Mandatory Sentence • Illegality of Sentence Pursuant to Alleyne v. U.S.
Commonwealth v. Blakney, PICS Case No. 16-1580 (Pa. Super. Dec. 16, 2016) Bender, J. (8 pages).
Statute imposing mandatory minimum sentence for failing to maintain sex offender registration was unconstitutional pursuant to Alleyne v. U.S., where proof of violations of provisions of the statute were expressly deemed by the statute to not be elements of the crime, in direct violation of Alleyne‘s holding. Judgment vacated, case remanded for resentencing.
