In Commonwealth v. Reslink, the defendant appealed his sentence after he was convicted of molesting his nephew. The Pennsylvania Superior Court held that the trial court did not err when, at sentencing, the court did not merge two counts of indecent assault. The Court found that one count was based on a course of conduct, while the other was not. Therefore, the convictions were based on distinct factual predicates and did not arise from a “single criminal act.” 42 Pa.C.S.A. § 9765 (merger of sentences). The then Court ruled that the defendant waived his two challenges to Subchapter H of SORNA because he did not raise the claims before the trial court in a motion to bar application of SORNA or in post-sentence motions.
