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COM. v. PRZYBYLA

722 A.2d 183 (1998)

COMMONWEALTH of Pennsylvania, Appellant, v. Jason Durkin PRZYBYLA, Appellee.

Superior Court of Pennsylvania.

Filed December 8, 1998.

Attorney(s) appearing for the Case

Michele Alfieri, Asst. Dist. Atty., Smethport, for Com., appellant.

James P. Miller, Smethport, for appellee.

Before FORD ELLIOTT, JOYCE and TAMILIA, JJ.

TAMILIA, J:

The Commonwealth appeals from the October 31, 1997 Orders of court dismissing one count each of statutory sexual assault and aggravated indecent assault against appellee, Jayson Durkin Przybyla, and rejecting the plea agreement of May 27, 1997.

On May 2 and 3, 1997, appellee Przybyla, then age 19, engaged in two separate acts of consensual sexual intercourse with the 13-year-old victim. Subsequently, Przybyla was charged with statutory sexual assault...

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