A Corry man currently serving a state sentence for failing to provide accurate registration information as a sexual offender had his sentence upheld on Thursday.

Richard R. Reilly was originally sentenced to county jail time in 2000 after pleading guilty to possessing child pornography.

In 2008, he was sentenced to another county sentence for failing to verify his address or be photographed as required and in 2014 Judge Gregory Hammond sent him to state prison for 18 to 60 months for failing to provide accurate registration information.

At issue is the case of Pennsylvania v. Muniz where the Pennsylvania Supreme Court ruled that sexual offender registration is a punishment and also can’t be applied to a person’s case retroactively.

The U.S. Supreme Court elected not to take up the case last month.

Hammond, who presided over Thursday’s proceeding, said that Reilly had made filings to the court without counsel and appointed Tyler Lindquist to be his counsel.

Lindquist argued that he was seeking relief for Reilly under the Post Conviction Relief Act. He acknowledged that PCRA requires appeal within one year but said that Reilly had no claim for relief until the Muniz decision.

First Assistant District Attorney Cody Brown argued that the application isn’t timely and argued that the Muniz decision does not state that the decision applies to all cases.

Hammond explained that an exception for the timeliness is present when the Supreme Court recognizes a new constitutional right.

“Clearly that’s the case,” Hammond said of the Muniz decision. “The issue really is, in my opinion, did they say that decision is to apply retroactively. Nowhere in Muniz do they say” that the decision is to have “retroactive application.”

Hammond said his interpretation is that the decision would apply for cases under appeal and if the PCRA is filed in a timely manner.

“That’s not the case here,” he said, acknowledging that this is a “technical ruling. That’s what trial courts are supposed to do.”

He then said there was no exception to cover the late filing and denied the PCRA position and also denied the request to have the 2014 conviction and sentence vacated.

Hammond said Reilly would have 30 days to appeal his decision.