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COM. v. WALTERS

814 A.2d 253 (2002)

COMMONWEALTH OF PENNSYLVANIA, Appellant, v. Eric WALTERS, Appellee.

Superior Court of Pennsylvania.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Michele D. Alfieri, Asst. Dist. Atty., Smethport, for Commonwealth, appellant.

Thomas R. Ceraso, Greensburg, for appellee.

Before: DEL SOLE, P.J., GRACI and MONTEMURO, JJ.

OPINION BY DEL SOLE, P.J.

¶ 1 The Commonwealth appeals from the trial court's order which allowed Walters to withdraw his plea of nolo contendere and enter a new plea and also included a re-sentencing of Walters. Upon review, we vacate this order and reinstate the original sentence.

¶ 2 In 1993, Walters entered a negotiated plea of nolo contendere to attempted rape,1

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