Commonwealth v. Partee, 86 A.3d 245 (Pa. Super. Ct. 2014). · Go Syfert
Commonwealth v. Partee, 86 A.3d 245 (Pa. Super. Ct. 2014). Cases Citing This Book View Copy Cite
“while it was not an explicit term of the negotiated plea, it is apparent that 's negotiated plea agreement was structured so that he would only be subject to a ten-year rather than a lifetime reporting requirement . . .”
188 citation events (188 in the last 25 years) across 3 distinct courts.
Strongest positive: Com. v. Mcafee, S. (pasuperct, 2021-02-26) · Strongest negative: Com. v. Greene, J. (pasuperct, 2014-08-20)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Com. v. Greene, J.
Pa. Super. Ct. · 2014 · signal: but cf. · confidence high
But cf. Commonwealth v. Partee, 86 A.3d 245 (Pa. Super. 2014) (holding that defendants who violate probation or parole cannot seek specific performance of their plea agreements); Commonwealth v. Perez, 2014 PA Super 142 , 2014 WL 3339161 , 2014 Pa. Super.
discussed Cited as authority (verbatim quote) Com. v. Mcafee, S.
Pa. Super. Ct. · 2021 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
we note that the within petition is not an attack on appellant's sentence . . . appellant is not asserting that his conviction or sentence resulted from . . . ineffective assistance of counsel
examined Cited as authority (verbatim quote) Com. v. Rivera, J. (2×) also: Cited as authority (rule)
Pa. Super. Ct. · 2016 · quote attribution · 1 verbatim quote · confidence high
while it was not an explicit term of the negotiated plea, it is apparent that 's negotiated plea agreement was structured so that he would only be subject to a ten-year rather than a lifetime reporting requirement . . .
cited Cited as authority (rule) Com. v. Mudge, R.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014), abrogated on other grounds by Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017).
discussed Cited as authority (rule) Com. v. King, D.
Pa. Super. Ct. · 2020 · confidence medium
See, e.g., 42 Pa.C.S.A. § 9799.55(a)(1)(i)(A). ____________________________________________ 3 See also Duncan, 2020 WL 4781359 , at *3 (holding trial court erred in treating defendant’s “petition for writ of error coram nobis,” in which defendant alleged his plea agreement did not include sex offender registration, as PCRA petition); Commonwealth v. Kerns, 220 A.3d 607, 612-15 (Pa.Super. 2019) (holding trial court erred in treating petition to enforce registration portion of plea agreement as PCRA petition, despite that it was styled as PCRA petition); Commonwealth v. Partee, 86 A.3d 24…
discussed Cited as authority (rule) Com. v. Eisen, E. (2×) also: Cited "see"
Pa. Super. Ct. · 2020 · confidence medium
See Commonwealth v. Partee, 86 A.3d 245 (Pa. Super. 2014) (holding it was error for trial court to treat appellant’s motion to enforce plea agreement as PCRA petition, but finding appellant was not entitled to specific performance); id. at 247 (motion to enforce plea agreement “is not subject to PCRA’s time constraints, and hence, we have jurisdiction to entertain it”), abrogated on other grounds in Commonwealth v. Fernandez, 195 A.3d 299 (Pa. Super. 2018).
discussed Cited as authority (rule) Com. v. Glushko, A.
Pa. Super. Ct. · 2019 · confidence medium
See, e.g., Bundy, 96 A.3d at 394 (rejecting the lower court's conclusion that the appellant's petition was untimely under the PCRA and addressing the merits of the appellant's claim); Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (rejecting the lower court's PCRA analysis).
discussed Cited as authority (rule) Com. v. Ferrara, D.
Pa. Super. Ct. · 2019 · confidence medium
See, e.g., Bundy, 96 A.3d at 394 (rejecting the lower court’s conclusion that the appellant’s petition was untimely under the PCRA and addressing the merits of the appellant’s claim); Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (rejecting the lower court’s PCRA analysis).
discussed Cited as authority (rule) Com. v. Greco, R.
Pa. Super. Ct. · 2019 · confidence medium
See, e.g., Bundy, 96 A.3d at 394 (rejecting the lower court’s conclusion that the appellant’s petition was untimely under the PCRA and addressing the merits of the appellant’s claim); Commonwealth v. Partee, 86 A.3d 245, 247 (Pa.Super. 2014) (rejecting the lower court’s PCRA analysis).
cited Cited as authority (rule) Com. v. Freeman, H.
Pa. Super. Ct. · 2018 · confidence medium
Id. at 247 (citations omitted).
cited Cited as authority (rule) Com. v. Freeman, H.
Pa. Super. Ct. · 2018 · confidence medium
Id. at 247 (citations omitted).
cited Cited as authority (rule) Com. v. Johnson, J.
Pa. Super. Ct. · 2017 · confidence medium
Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super.), appeal denied, 97 A.3d 744 (Pa. 2014).
discussed Cited as authority (rule) Com. v. Puryear, J.
Pa. Super. Ct. · 2017 · confidence medium
On June 14, 2016, Appellant filed the “Petition to Enforce Plea Agreement” at issue in this appeal. 3 Appellant argued that retroactively subjecting him to SORNA registration requirements breaches the terms of his plea agreement. ____________________________________________ 3 In Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super.), appeal denied, 97 A.3d 744 (Pa. 2014), this Court held that a petition seeking specific enforcement of the sex offender registration period in a plea agreement is not cognizable under the Post-Conviction Relief Act, 42 Pa. C.S. §§ 9541-46 (PCRA), and thus not…
cited Cited as authority (rule) Com. v. Ritenour, J.
Pa. Super. Ct. · 2017 · confidence medium
S63040/17 By its terms, any individual who was then being supervised by the board of probation or parole was subject to its provisions.” Commonwealth v. Partee, 86 A.3d 245, 246 (Pa.Super. 2014).
discussed Cited as authority (rule) Com. v. Brown, T. (2×)
Pa. Super. Ct. · 2017 · confidence medium
However, “the dispositive question [here] was whether registration was a term of the bargain struck by the parties.” Commonwealth v. Partee, 86 A.3d 245, 248 (Pa. Super. 2014) (quoting Hainesworth, 82 A.3d at 447 ).
discussed Cited as authority (rule) Com. v. Naylor, R.
Pa. Super. Ct. · 2016 · confidence medium
Moreover, with regard to sentences imposed after a defendant violates his probation, we have explained that "upon revocation of probation, the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing." 42 Pa.C.S.A. § 9771. "[W]here probation is violated, the trial court is free to impose any sentence permitted under the Sentencing Code." Commonwealth v. Partee, 86 A.3d 245, 249 (Pa.Super. 2014) (citations omitted).
cited Cited as authority (rule) Com. v. MacColl, D.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Partee, 86 A.3d 245, 249 (Pa. Super. 2014).
discussed Cited as authority (rule) Com. v. Maxwell, E.
Pa. Super. Ct. · 2016 · confidence medium
The Court based this holding on the well-established principle that, with respect to new sentences imposed for violations of probation, a “trial court is free to impose -6- J-S29001-16 any sentence permitted under the Sentencing Code and is not restricted by the bounds of a negotiated plea agreement between a defendant and prosecutor.” Partee, 86 A.3d at 249 (relying on Commonwealth v. Wallace, 870 A.2d 838 (Pa. 2005)).
discussed Cited as authority (rule) Commonwealth v. Britton
Pa. Super. Ct. · 2016 · confidence medium
In this decision, we refer to this statute as "SORNA.” Pennsylvania courts have also referred to the current statute as “Megan’s Law IV,” "Act 111 of 2011," "Adam Walsh Child Protection and Safety Act,” and the "Adam Walsh Act.” See, e.g., Commonwealth v. M.W., 614 Pa. 633 , 39 A.3d 958, 968 (2012) (Baer, J., concurring); Coppolino v. Noonan, 102 A.3d 1254, 1265 (Pa.Cmwlth.2014) (en banc); Commonwealth v. Partee, 86 A.3d 245, 246 (Pa.Super.2014). 3 .
examined Cited as authority (rule) Com. v. Saul, K. (4×) also: Cited "see"
Pa. Super. Ct. · 2016 · confidence medium
In Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014), appeal denied, 97 A.3d 744 (Pa. 2014), this Court held that claims that the Commonwealth had violated a plea agreement by the retroactive application of SORNA did not fall within the ambit of the PCRA.
cited Cited as authority (rule) Com. v. Bricker, D.
Pa. Super. Ct. · 2015 · confidence medium
By its terms, any individual who was then being supervised by the board of probation or parole was subject to its provisions.” Commonwealth v. Partee, 86 A.3d 245, 246 (Pa.Super. 2014).
discussed Cited as authority (rule) Com. v. Shrawder, R. (2×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
Id. at 247, 250 .
cited Cited as authority (rule) Com. v. Infante, R.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Partee, 86 A.3d 245, 249 (Pa. Super. 2014).
discussed Cited as authority (rule) Com. v. Lessig, A.
Pa. Super. Ct. · 2015 · confidence medium
“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.’” Id. at 447 (quoting Fruehan, 557 A.2d at 1095 ). “[SORNA], commonly referred to as the Adam Walsh Act, became effective on December 20, 2012.” Commonwealth v. Partee, 86 A.3d 245, 246 (Pa. Super. 2014).2 “By its terms, any individual who was then ____________________________________________ 1 We acknowledge that on April 8, 2015, our Supreme Court entered an order granting petition for allowance of app…
cited Cited as authority (rule) Com. v. Williams, D.
Pa. Super. Ct. · 2015 · confidence medium
We must look to “what the parties to this plea agreement reasonably understood to be the terms of the agreement.” Commonwealth v. Partee, 86 A.3d 245, 248 (Pa. Super. 2014) (citation omitted).
cited Cited as authority (rule) Com. v. Hartman, D.
Pa. Super. Ct. · 2015 · confidence medium
We address these issues together. “[SORNA], commonly referred as the Adam Walsh Act, became effective on December 20, 2012.” Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014).
discussed Cited as authority (rule) Com. v. Giannantonio, J.
Pa. Super. Ct. · 2015 · confidence medium
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 Pennsylvania Constitution, which also prohibits ex post facto laws.
discussed Cited as authority (rule) Com. v. Smith, D.
Pa. Super. Ct. · 2015 · confidence medium
However, we agree with the assessment of Smith’s counsel that such claim is without merit and frivolous. “[W]here probation is violated, the trial court is free to impose any sentence permitted under the Sentencing Code and is not restricted by the bounds of a negotiated plea agreement between a defendant and prosecutor.” Commonwealth v. Partee, 86 A.3d 245, 249 (Pa. Super. 2014).
cited Cited as authority (rule) Com. v. Taulton, G.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Partee, 86 A.3d 245, 250 (Pa. Super. 2014), appeal denied, 97 A.3d 744 (Pa. 2014).
discussed Cited as authority (rule) Com. v. Buxton, R.
Pa. Super. Ct. · 2014 · confidence medium
With regard to sentences imposed after a defendant violates his probation, we have explained that “'upon revocation of probation, the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing.’ 42 Pa.C.S. § 9771. ... [W]here probation is violated, the trial court is free to impose any sentence permitted under the Sentencing Code.” Commonwealth v. Partee, 86 A.3d 245, 249 (Pa. Super. 2014) (citations omitted). “[W]here the trial court violates the ____________________________________________ 1 But see Commonwealth v. Tobin, 89 …
discussed Cited as authority (rule) Com. v. Allen, T.
Pa. Super. Ct. · 2014 · confidence medium
Id. at 7. “[W]here probation is violated, the trial court is free to impose any sentence permitted under the Sentencing Code and is not restricted by the bounds of a negotiated plea agreement between a defendant and prosecutor.” Commonwealth v. Partee, 86 A.3d 245, 249 (Pa. Super. 2014).
discussed Cited as authority (rule) Coppolino v. Noonan
Pa. Commw. Ct. · 2014 · confidence medium
Courts have also referred to the current statute as the Adam Walsh Child Protection and Safety Act or Adam Walsh Act, see, e.g., Commonwealth v. M.W., 614 Pa. 633 , 39 A.3d 958, 968 (2012) (Baer, J., concur ring); Commonwealth v. Partee, 86 A.3d 245, 246 (Pa.Super.2014).
discussed Cited as authority (rule) Com. v. King, T.
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Bundy, 96 A.3d 390, 394 (Pa. Super. 2014) (collecting cases and holding that “the statutory and rule-based requirements governing a PCRA petition do not apply to a challenge to the retroactive application of [SORNA], but [] this Court has jurisdiction to review orders confirming or rejecting a retroactive registration requirement.”); Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (holding that a challenge to the retroactive application of SORNA “[did] not fall within the scope of the PCRA and should not be reviewed under the standard applicable to the dismissa…
discussed Cited as authority (rule) Com. v. Stollenwerk, J. (2×) also: Cited "see"
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Bundy, 96 A.3d 390, 394 (Pa. Super. 2014) (collecting cases and holding that “the statutory and rule-based requirements governing a PCRA petition do not apply to a challenge to the retroactive application of [SORNA], but [] this Court has jurisdiction to review orders confirming or rejecting a retroactive registration requirement.”); Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (holding that a challenge to the retroactive application of SORNA “[did] not fall within the scope of the PCRA and should not be reviewed under the standard applicable to the dismissa…
cited Cited as authority (rule) Com. v. Ritenour, J.
Pa. Super. Ct. · 2014 · confidence medium
By its terms, any individual who was then being supervised by the board of p Commonwealth v. Partee, 86 A.3d 245, 246 (Pa.Super. 2014).
cited Cited as authority (rule) Commonwealth v. Nase
Pa. Super. Ct. · 2014 · confidence medium
Ultimately, we held that, “having failed to abide by the terms of the plea bargain, that agreement is no longer in effect, and hence, [Partee] is not entitled to specific performance.” Id. at 250.
discussed Cited as authority (rule) Com. v. Swartzfager, C. (2×)
Pa. Super. Ct. · 2014 · confidence medium
Swartzfager also recognizes that, in Commonwealth v. Partee, 86 A.3d 245, 249 (Pa. Super. 2014), this Court held that, because a violation of probation results in an entirely new sentence, the initial terms of a plea bargain that would have been subject to Hainesworth be honored.
cited Cited as authority (rule) Com. v. Bruno, T.
Pa. Super. Ct. · 2014 · confidence medium
Partee, 86 A.3d at 249-250 (parallel citations omitted).
examined Cited as authority (rule) Commonwealth v. Bundy (3×) also: Cited "see"
Pa. Super. Ct. · 2014 · confidence medium
Id. at 247, 250 .
cited Cited "see" Com. v. Mudge, R.
Pa. Super. Ct. · 2022 · signal: see · confidence high
See Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (petition to enforce plea agreement falls outside ambit of PCRA).
discussed Cited "see" Com. v. McManus, D.
Pa. Super. Ct. · 2020 · signal: see · confidence high
McManus’ Brief at 9; see id., at 11 (citing Commonwealth v. Bundy, 96 A.3d 390 (Pa. Super. 2014), Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014), and Commonwealth v. Price, 876 A.2d 988, 992 (Pa. Super. 2005)).
cited Cited "see" Commonwealth v. Sperber
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Partee, 86 A.3d 245 (Pa.Super. 2014).(motion to enforce plea agreement does not fail under PCRA).
discussed Cited "see" Com. v. Harkins, R. (2×)
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (holding that a petition to enforce the terms of a plea agreement is outside the scope of the PCRA and traditional contract principles should apply instead). 3 Megan’s Law III replaced Megan’s Law II. -5- J-S39038-17 Pennsylvania Constitutions.
discussed Cited "see" Com. v. Saldana, E.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. -3- J-S72039-16 increased registration time required by SORNA violated the terms of his guilty plea agreement because he had specifically bargained for a ten-year registration period.
discussed Cited "see" Commonwealth v. Demora (2×)
Pa. Super. Ct. · 2016 · signal: see · confidence high
See 86 A.3d at 247 .
discussed Cited "see" Com. v. Mellott, B.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super. 2014) (finding the appellant’s petition seeking to enforce a plea agreement and preclude application of SORNA amendments was not a PCRA petition); Commonwealth v. Hainesworth, 82 A.3d 444 (Pa. Super. 2013) (reviewing the appellant’s petition to enforce guilty plea to preclude application of SORNA amendments outside of the framework of the -4- J-S27006-16 PCRA).
discussed Cited "see" Com. v. Kacprzyk, D. (2×)
Pa. Super. Ct. · 2014 · signal: see · confidence high
See Partee, 86 A.3d at 249-50 .
discussed Cited "see, e.g." Konyk v. Pa. State Police of the Com. of Pa.
Pa. · 2018 · signal: see also · confidence low
See Commonwealth v. Bundy , 96 A.3d 390 , 394 (Pa.Super. 2014) (discussing the procedure for challenging the retroactive application of SORNA's registration requirement in light of a plea agreement); see also Commonwealth v. Partee, 86 A.3d 245 , 247 (Pa. Super.), appeal denied, [ 626 Pa. 698 , 97 A.3d 744 (Pa. 2014) ] (concluding that a challenge to the duration of SORNA's registration requirement in light of a plea agreement was "properly reviewed as a petition for habeas corpus " (emphasis in original) ).
discussed Cited "see, e.g." Konyk, S., Aplt. v. PA State Police
Pa. · 2018 · signal: see also · confidence medium
See Commonwealth v. Bundy, 96 A.3d 390, 394 (Pa.Super. 2014) (discussing the procedure for challenging the retroactive application of SORNA's registration requirement in light of a plea agreement); see also Commonwealth v. Partee, 86 A.3d 245, 247 (Pa. Super.), appeal denied, [ 97 A.3d 744 (Pa. 2014)] (concluding that a challenge to the duration of SORNA's registration requirement in light of a plea agreement was “properly reviewed as a petition for habeas corpus” (emphasis in original)).
discussed Cited "see, e.g." Dougherty v. Pa. State Police of Pa.
Pa. Commw. Ct. · 2016 · signal: see also · confidence low
See Commonwealth v. Bundy, 96 A.3d 390 , 394 (Pa.Super.2014) (discussing the procedure for challenging the retroactive application of SORNA's registration requirement in light of a plea agreement); see also Commonwealth v. Partee, 86 A.3d 245 , 247 (Pa.Super.), appeal denied, 626 Pa. 698 , 97 A.3d 744 (2014) (concluding that a challenge to the duration of SORNA's registration requirement in light of a plea agreement was "properly reviewed as a petition for habeas corpus " (emphasis in original)).
COMMONWEALTH of Pennsylvania
v.
Raymond Douglas PARTEE
Superior Court of Pennsylvania.
Feb 20, 2014.
86 A.3d 245
Suzanne M. Swan, Public Defender and Victoria H. Vidt, Public Defender, Pitts-burg, for appellant., Sandra Preuhs, Assistant District Attorney, Pittsburgh, for Commonwealth, appel-lee.
Bowes, Elliott, Wecht.
Cited by 77 opinions  |  Published

OPINION BY

BOWES, J.:

Raymond Douglas Partee appeals from the April 25, 2013 order treating his petition seeking enforcement of plea agreement as a PCRA petition and dismissing it as patently under Pa.R.Crim.P. 907. We agree with Appellant that the relief sought is not cognizable under the PCRA and that it was error to treat it as such. However, Appellant is not entitled to specific performance of a negotiated plea bargain that he subsequently breached. Hence, we affirm.

On September 17, 2007, Appellant entered a negotiated nolo contendere plea to indecent assault (person under age of thirteen), corruption of minors, and endangering the welfare of children. Pursuant to the agreement, counts one and two of the information, rape and incest, were withdrawn. Appellant was sentenced to intermediate punishment for six months, followed by a four-year probationary term.

On May 11, 2010, following a hearing, Appellant was found to be in violation of his probation[1] and sentenced at count three, indecent assault, to a term of imprisonment of thirty to sixty months, with credit from February 2, 2010. His motion for reconsideration of sentence was denied.

On June 2, 2011, Appellant filed a PCRA petition seeking reinstatement of his appellate rights regarding the VOP sentence. Counsel was appointed and filed an amended petition. Appellant’s right to appeal the May 11, 2010 sentence was reinstated, a notice of appeal was filed, and this Court affirmed judgment of sentence on June 19, 2012. Commonwealth v. Par-tee, 53 A.3d 935 (Pa.Super.2012) (unpublished memorandum).

Appellant filed a petition for habeas corpus and/or seeking enforcement of a plea agreement on February 19, 2013. The Commonwealth treated the petition as a PCRA petition and filed an answer. The trial court issued Pa.R.Crim.P. 907 notice of intent to dismiss on March 5, 2013, and Appellant filed a response. On April 25, 2013, the trial court dismissed the petition, and this appeal ensued. Appellant complied with the court’s order to file a Pa. R.A.P. 1925(b) concise statement of errors complained of on appeal and the court issued its Rule 1925(a) opinion. Appellant presents the following issues:

I. Did the trial court err in dismissing Mr. Partee’s petition to enforce his plea agreement?
(A) Did the court err in construing the petition as a PCRA petition, and calling it “patently frivolous?”
(B) Should the terms of Mr. Partee’s plea agreement, including the length of time he will be required to register under the Adam Walsh Act, be strictly enforced?

Appellant’s brief at 5. The Sex Offender Registration and Notification Act (“SOR-NA”), commonly referred to as the Adam Walsh Act, became effective on December 20, 2012. By its terms, any individual who was then being supervised by the board of probation or parole was subject to its provisions. A conviction for indecent assault was designated therein as a Tier II sexual offense, subjecting a defendant to a twenty-five-year registration requirement.

Preliminarily, we examine whether the trial court was correct in treating Appel[*247] lant’s petition as a PCRA petition. The Commonwealth maintains that it is a PCRA petition and that it is untimely because it was filed more than sixty days after the passage of the Adam Walsh Act, which increased the duration of the reporting requirements. Appellant counters that it is not a PCRA petition as the relief sought is not cognizable under the PCRA. Consequently, the PCRA’s time bar is inapplicable. The trial court concluded that it was a PCRA petition, but under the doctrine of ripeness, the harm to Appellant occurred in December 2012, when the amendments became effective. Since the within petition was filed within sixty days of the application of the amendments to Appellant, it found the petition was timely.

In support of his position that his petition should not be treated as a PCRA petition, Appellant directs our attention to two recent decisions where our Supreme Court determined that petitions fell outside the scope of the PCRA. In Commonwealth v. West, 595 Pa. 483, 938 A.2d 1034 (2007), our High Court held that a due process challenge based on a nine-year delay between imposition of sentence and incarceration on that sentence fell outside the ambit of the PCRA. Since the allegation did not fall within any of the statutory bases for relief set forth in 42 Pa.C.S. § 9543(b)(2), it was properly reviewed as a petition for habeas corpus. In Commonwealth v. Judge, 591 Pa. 126, 916 A.2d 511 (2007), the Court held that petitioner’s claim that his deportation violated an international agreement fell outside the scope of the PCRA. The petitioner was not asserting his innocence or challenging the legality of his sentence.

We note that the within petition is not an attack on Appellant’s sentence, nor is he alleging that he is innocent of the offenses of which he was convicted. Appellant is not asserting that his conviction or sentence resulted from a violation of the Constitution, ineffective assistance of counsel, an unlawfully-induced plea, obstruction by government officials of his right to appeal, newly-discovered evidence, an illegal sentence, or a lack of jurisdiction. 42 Pa. C.S. § 9543(a)(2). In short, we agree with Appellant that his claim does not fall within the scope of the PCRA and should not be reviewed under the standard applicable to the dismissal of PCRA petitions. See Commonwealth v. Masker, 34 A.3d 841, 843-844 (Pa.Super.2011) (en banc) (holding that a challenge to the classification of the defendant as a SVP is not a challenge to the conviction or sentence, and therefore not cognizable under the PCRA). Furthermore, it is not subject to the PCRA’s time constraints, and hence, we have jurisdiction to entertain it. Commonwealth v. Deaner, 779 A.2d 578, 580 (Pa.Super.2001).

Appellant argues that the ten-year registration requirement was an essential term of his plea agreement and that it should be specifically enforced. In a post-submission communication, he directs our attention to this Court’s recent en banc decision in Commonwealth v. Hainesworth, 2013 PA Super 318, 82 A.3d 444 (2013), wherein this Court specifically enforced a negotiated plea agreement that did not require the defendant to report as a sex offender under Megan’s Law, despite subsequent amendments to the statute that would have subjected him to reporting requirements. Hainesworth entered a negotiated guilty plea to three counts each of statutory sexual assault and indecent assault, and one count each of indecent assault and criminal use of a communication facility in February 2009. None of these convictions required registration under the then-prevailing version of Megan’s Law, 42 Pa.C.S. § 9791. Other charges that would have imposed a registration requirement[*248] were withdrawn by the Commonwealth pursuant to the plea negotiations.

Hainesworth filed a motion seeking to terminate supervision effective one week prior to the effective date of SORNA. The trial court denied the petition to terminate supervision, but held that application of SORNA’s registration requirements to Hainesworth violated due process.

On appeal, this Court, sitting en banc, concluded first that Hainesworth correctly framed the issue as one of contract law, and applied the standard of review applicable to whether a plea agreement has been breached: “what the parties to this plea agreement reasonably understood to be the terms of the agreement.” Hainesworth, supra (quoting Commonwealth v. Fruehan, 384 Pa.Super. 156, 557 A.2d 1093, 1095 (1989)). We look to the “totality of the surrounding circumstances” and “[a]ny ambiguities in the terms of the plea agreement are construed against the [Commonwealth].” Commonwealth v. Kroh, 440 Pa.Super. 1, 654 A.2d 1168, 1172 (1995). The dispositive question was “whether registration was a term of the bargain struck by the parties.” Id. at 448. We examined the record. The terms of the plea agreement were set forth and included a discussion of the fact that the offenses to which the defendant was pleading guilty did not require registration and supervision as a sex offender. We distinguished Commonwealth v. Benner, 853 A.2d 1068 (Pa.Super.2004) (Ben-ner was always subject to a reporting requirement, albeit ten years instead of a lifetime, and the record did not support Benner’s contention that he had bargained for non-registration as a term of his plea), and held that the plea agreement “appears to have been precisely structured so that Hainesworth would not be subjected to a registration requirement.” Hainesworth, at 448.

Our first inquiry herein is whether, looking at the totality of the circumstances, this case falls within Benner or Haines-worth. Appellant negotiated a plea bargain that would only require him to register for a ten-year period, rather than for a lifetime. Appellant read, answered, and signed a written colloquy acknowledging that there was a plea bargain in this case and that he was “willing to enter a plea to the offenses specified.” Colloquy, 9/17/07, at 9 # 60. At the nolo contendere plea/sentencing hearing on September 17, 2007, the following exchange took place:

The Court: Mr. Hoffman, I understand that you and Mr. Nightingale have reached a plea agreement in this case? Mr. Hoffman: We have, Your Honor. Commonwealth agrees to drop the counts of rape and incest. There’s going to be a nolo contendere plea entered to the counts of indecent assault, corruption of minors, and endangering welfare.
There’s going to be a period of six months’ house arrest and, in addition to that, probation to be set by the Court, Your Honor.
Mr. Nightingale: And it’s further our understanding the sentence will be at indecent assault only. We understand the Megan’s Law reporting requirement. We had a brief discussion about whether or not my client would be released pending being hooked up on house arrest.... N.T. Nolo Contendere Plea/Sentencing, 9/17/07, at 2-3.
The Court commenced its colloquy of Appellant:
The Court: Do you understand Counts 1 and 2 have been withdrawn. Count 3 charges you with indecent assault....
Do you understand the charges against you?
[*249] The Defendant: Yes, Ma’am.
The Court: Mr. Hoffman, would you incorporate into the plea agreement the testimony of the trial this morning?
Mr. Hoffman: I would, Your Honor.

Id. at 4-5.

The Court: Okay. Mr. Partee, you also filled out the explanation of Megan’s rights, and you understand that you will have to register for ten years? There, of course, will be no assessment to determine whether Mr. Partee is an SVP; is that correct?
Mr. Hoffman: That is correct, Your Honor.

Id. at 6-7.

The explanation of Megan’s Law rights form to which the court referred provided in pertinent part:

2. Do you understand the charges to which you are pleading guilty/nolo con-tendere require you to register as a “sexual offender” for a period of 10 years (assistant district Attorney to check appropriate line) _X_Ten years X Yes _No

Megan’s Law Explanation of Rights Form, 9/13/07, at 1.

Herein, Appellant was subject to a ten-year reporting requirement under the terms of the plea agreement and there is no indication that he bargained for non-registration as a part of his plea. However, the ten-year Megan’s Law registration period was discussed at the plea proceeding. While it was not an explicit term of the negotiated plea, it is apparent that Appellant’s negotiated plea agreement was structured so that he would only be subject to a ten-year rather than a lifetime reporting requirement, distinguishing the facts herein from those in Benner. The two charges carrying a lifetime registration requirement were withdrawn by the Commonwealth as part of the negotiations, leaving Appellant subject to the less onerous ten-year reporting requirement then imposed on indecent assault. Under our reasoning in Hainesworth, Appellant arguably would be entitled to the benefit of that bargain.

The Commonwealth argues, however, that to the extent that Appellant’s original sentence, including the Megan’s Law registration requirement, are seen as a product of the 2007 plea agreement, Appellant’s subsequent violation of his probation constituted a breach of that agreement. Thus, the Commonwealth maintains that Appellant cannot seek specific performance of the underlying plea agreement as there is no longer a plea bargain to enforce. It cites Commonwealth v. Parsons, 969 A.2d 1259 (Pa.Super.2009), for the proposition that “where the original sentence evolved from a plea bargain, and a defendant later violates his parole or probation, the defendant has effectively abrogated the underlying plea bargain.” Id. at 1270 n. 6. “[U]pon revocation of probation, the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing.” 42 Pa. C.S.§ 9771.

As our Supreme Court held in Commonwealth v. Wallace, 582 Pa. 234, 870 A.2d 838, 842-43 (2005), where probation is violated, the trial court is free to impose any sentence permitted under the Sentencing Code and is not restricted by the bounds of a negotiated plea agreement between a defendant and prosecutor. The Court explained,

The rationale for giving the trial court such discretion upon resentencing is grounded in the nature of a negotiated guilty plea, which is a two-sided agreement that imposes obligations on both the defendant and the Commonwealth.[*250] On the one hand, the Commonwealth agrees not to prosecute the defendant to the full extent of the law and to recommend a circumscribed punishment. The defendant, on the other hand, accepts this benefit with the implicit promise that he will abide by the terms of the agreement and behave in accordance with the legal punishment imposed by the court. See Commonwealth v. Coles, 365 Pa.Super. 562, 530 A.2d 453 (Pa.Super.1987) (holding that the benefit of the bargain principle commonly applied to the prosecution is also equally applicable to the defendant and imparts upon him the obligation to abide by the negotiated terms of his sentence).

Id. at 843 n. 6. See also Commonwealth v. Tann, 79 A.3d 1130, 1133 (Pa.Super.2013) (citing Wallace for the proposition that once defendant violated the terms of his probation, he “forfeited the benefit of the expectations that induced his plea.”).

Appellant does not address the Commonwealth’s argument or the legal effect of his probation violation upon the original plea agreement. We agree with the Commonwealth that, having failed to abide by the terms of the plea bargain, that agreement is no longer in effect, and hence, Appellant is not entitled to specific performance. Hainesworth is not controlling.

Order affirmed.

1

Initially, Appellant was found to be in technical violation of his probation for alcohol and drug related violations and failure to report. However, on May 10, 2010, he was convicted of failure to comply with sexual offender registration and was sentenced to one year of probation.