Cluster 5147448

But see Commonwealth v. Hainesworth, 82 A.3d 444 (Pa.Super.2013) (en banc) (enforcing plea agreement that offender was not required to register under SORNA). .

See Hainesworth, 82 A.3d at 450 (“unlike the instant case, the record did not support Benner’s contention that he had bargained for non-registration as a term of his plea”); Nase, 104 A.3d at 533 (“The Leidig Court was not faced with the question of whether the parties negotiated the registration requirement as part of the plea agreement.”).

Id. (“The terms of [the] plea were carefully laid out on the record[.]”).

Id. (“The terms of [the] plea were carefully laid out on the record[.]”).

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc) (citation omitted).

Commonwealth v. Farabaugh, 136 A.3d 995, 1002 (Pa. Super. 2016) (citing Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (en banc)).

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (citations omitted and formatting altered).

As the record supports the lower court’s interpretation of the plea agreement, we agree that Appellant has failed to demonstrate a breach entitling him to a remedy as a matter of contract law. -8- J-S29042-23 “[E]ven though a plea agreement arises in a criminal context, it remains contractual in nature and is to be analyzed under contract law standards.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (en banc) (citation and internal quotation marks omitted).

Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) As discussed supra, it was unbeknownst to both parties and the trial court that concurrently run state and federal sentences are not available to a state defendant unless the federal Bureau of Prisons (BOP) agrees to it.

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc).

Although “a plea agreement arises in a criminal context, it remains contractual in nature and is to be analyzed under contract law standards.” Hainesworth, 82 A.3d at 449 (citation omitted and formatting altered).

Hainesworth, 82 A.3d at 447 (citations omitted and formatting altered.

We note: “In determining whether a particular plea agreement has been breached, we look to ‘what the parties to this plea agreement reasonably understood to be the terms of the agreement.’” Such a determination is made “based on the totality of the surrounding circumstances,” and “[a]ny ambiguities in the terms of the plea agreement will be construed against the [Commonwealth].” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc) (citations omitted).

Prothonotary Date: 3/4/2022 ____________________________________________ 82 A.3d 444, 448 (Pa.Super. 2013), appeal denied, 626 Pa. 683 , 95 A.3d 276 (2014) (holding that dispositive question in plea enforcement cases concerning sex offender registration requirements is whether non-registration was term of defendant’s plea agreement).

With regard to plea agreements, “it is critical that [they] are enforced, to avoid any possible perversion of the plea bargaining system.” Hainesworth, 82 A.3d at 449 (citation and quotation marks omitted).

Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (internal citation omitted).

Plea agreements are “contractual in nature and [are] to be analyzed under contract law standards.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (citation omitted).

Plea agreements are “contractual in nature and [are] to be analyzed under contract law standards.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (citation omitted).

Appellant asserted: -4- J-S03026-21 Requiring [Appellant] to register . . . as a sex offender, for a period in excess of the plea agreement, constitutes a violation of that agreement for which [Appellant] seeks and is entitled to specific performance requiring the Commonwealth . . . to comply with the provisions of said agreement.FN3 FN3 SeeCommonwealth v. Nase, 104 A.3d 528 (Pa. Super. 2014) (defendant not required to register for period longer than that set forth in plea a…

In any event, we observe that “[a]ny ambiguities in the terms of the plea agreement will be construed against the [Commonwealth].” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (citation omitted).

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013).

Similarly, “[i]f a trial court accepts a plea bargain, the defendant who has given up his constitutional right to trial by jury must be afforded the benefit of all promises made by the district attorney.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa.Super. 2013) (en banc) (quoting Commonwealth v. Fruehan, 557 A.2d 1093, 1094 (Pa.Super. 1989)).

When analyzing whether a plea agreement has been breached, this Court looks “to what the parties . . . reasonably understood to be the terms of the agreement.” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013).

“In assessing whether a plea agreement has been breached, we consider what the parties to the agreement reasonably understood the terms to be.” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc) (quotations and citations omitted).

If a trial court accepts a plea bargain, the defendant who has given up his constitutional right to trial by jury must be afforded the benefit of all promises made by the district attorney.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (quoting Commonwealth v. Fruehan, 557 A.2d 1093, 1094 (Pa. Super. 1989)).

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013).

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013).

“In determining whether a particular plea agreement has been breached, we look to what the parties to this plea agreement reasonably understood to be the terms of the agreement.” Hainesworth, 82 A.3d at 447 (citation and internal quotation marks omitted).

“In determining whether a particular plea agreement has been breached, we look to what the parties to this plea agreement reasonably understood to be the terms of the agreement.” Hainesworth, 82 A.3d at 447 (citation and internal quotation marks omitted).

"In determining whether a particular plea agreement has been breached, we look to what the parties to this plea agreement reasonably understood to be the terms of the agreement." Hainesworth , 82 A.3d at 447 (citation and internal quotation marks omitted).

When determining whether a plea agreement has been breached, sentencing courts “look to what the parties to this plea agreement reasonably understood to be the terms of the agreement” based on the “totality of the surrounding circumstances.” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (internal quotations omitted).

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc) (citations, brackets and quotation marks omitted).

“In determining whether a particular plea agreement has been breached, we look to ‘what the parties to this plea agreement reasonably understood to be the terms of the agreement.’” Such a determination is made “based on the -3- J-S59035-17 totality of the surrounding circumstances,” and “[a]ny ambiguities in the terms of the plea agreement will be construed against the [Commonwealth].” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (citations omitted).

When a dispute over any particular term of a plea agreement arises, courts will examine “what the parties to this plea agreement reasonably understood to be the terms of the agreement.” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (quoting Commonwealth v. Fruehan, 557 A.2d 1093, 1095 (Pa. Super. 1989) (internal citations omitted)).

“If a trial court accepts a plea bargain, the defendant who has given up his [or her] constitutional right to trial by jury must be afforded the benefit of all promises made by the district attorney.” Hainesworth, 82 A.3d at 449 (citation omitted).

Although plea agreements arise “in a criminal context,” they are “analyzed under contract law standards.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (en banc) (citations omitted).

A32001/16 “In determining whether a particular [] agreement [between a defendant and the Commonwealth] has been breached, we look to what the parties to [the] agreement reasonably understood to be the terms of the agreement.” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (citation and quotation marks omitted).

Commonwealth v. Hainesworth, 2013 PA Super 318 , 82 A.3d 444, 447 (2013) (citations and quotation marks omitted).

Id. at 524-25, 529-30 .

“In determining whether a particular plea agreement has been breached, we look to ‘what the parties to this plea agreement reasonably understood to be the terms of the agreement.’” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc), quoting Commonwealth v. Fruehan, 557 A.2d 1093, 1095 (Pa. Super. 1989).

In considering this issue, we apply the following principles. “[E]ven though a plea agreement arises in a criminal context, it remains contractual in nature and is to be analyzed under contract law standards.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (en banc) (citations omitted).5 Because contract interpretation is a question of law, this Court is not bound by the trial court’s interpretation.

Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc) (internal citations and quotations omitted).

“If a trial court accepts a plea bargain, the defendant who has given up his constitutional right to trial by jury must be afforded the benefit of all promises made by the district attorney.” Hainesworth, 82 A.3d at 449 (citation omitted). [D]isputes over any particular term of a plea agreement must be resolved by objective standards.

In considering this issue, we apply the following principles. “[E]ven though a plea agreement arises in a criminal context, it remains contractual in nature and is to be analyzed under contract law standards.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (en banc) (citations omitted).

Our review is governed by the following principle: “In determining whether a particular plea agreement has been breached, we look to what the parties to this plea agreement reasonably understood to be the terms of the agreement.” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013), appeal denied, 95 A.3d 276 (Pa. 2014) (quotation marks and citation omitted).

Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013), appeal denied, 95 A.3d 276 (Pa. 2014).

“If a trial court accepts a plea bargain, the defendant who has given up his constitutional right to trial by jury must be afforded the benefit of all promises made by the district attorney.” Hainesworth, 82 A.3d at 449 (citation omitted).

If a trial court accepts a plea bargain, the defendant who has given up his constitutional right to trial by jury must be afforded the benefit of all promises made by the district attorney.” Commonwealth v. Hainesworth, 82 A.3d 444, 449 (Pa. Super. 2013) (quoting Commonwealth v. Fruehan, 557 A.2d 1093, 1094 (Pa. Super -4- J-A05036-15 1989)).1 “Specific enforcement of valid plea bargains is a matter of fundamental fairness.” Hainesworth, 82 A.3d at 449 .

In June 2005, with the assistance of counsel, Giannantonio pled guilty in federal court to one count of the crime of possession of child pornography, 18 U.S.C.A. § _______________________ (Footnote Continued) A.3d 1254 (Pa. Cmwlth. 2014); Commonwealth v. Partee, 86 A.3d 245, 246 (Pa. Super. 2014); Commonwealth v. Hainesworth, 82 A.3d 444, 445 (Pa. Super. 2013), appeal denied, 95 A.3d 276 (Pa. 2014). 2 Giannantonio makes no argument with regard to Article I, Section 17 of the…

“In determining whether a particular plea agreement has been breached, we look to ‘what the parties to this plea agreement reasonably understood to be the terms of the agreement.’” Commonwealth v. Hainesworth, 82 A.3d 444, 447 (Pa. Super. 2013) (en banc) (quoting Commonwealth v. Fruehan, 557 A.2d 1093, 1095 (Pa. Super. 1989).