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COM. v. LIPPHARDT

841 A.2d 551 (2004)

COMMONWEALTH of Pennsylvania, Appellant, v. John Davis LIPPHARDT, Appellee.

Superior Court of Pennsylvania.

Filed January 12, 2004.

Attorney(s) appearing for the Case

Michael Handler, Asst. Dist. Atty., Indiana, for Com., appellant.

Thomas Rivosecchi, Indiana, for appellee.

BEFORE: LALLY-GREEN, TODD and TAMILIA, JJ.

OPINION BY TAMILIA, J.:

¶ 1 The Commonwealth appeals from the December 16, 2002 judgment of sentence, specifically challenging the December 16, 2002 Order declining to designate appellee as a Sexually Violent Predator (SVP), under Section 9792 of the Registration of Sexual Offenders Act, commonly known as Megan's Law II.1

¶ 2 On May 13, 2002, appellee pled guilty to a charge of aggravated indecent assault

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