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COM. v. McINTOSH

911 A.2d 513 (2006)

COMMONWEALTH of Pennsylvania, Appellant v. Tracy McINTOSH, Appellee.

Superior Court of Pennsylvania.

Filed November 6, 2006.

Attorney(s) appearing for the Case

William G. Young, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Thomas A. Bergstrom, Malvern, for appellee.

BEFORE: TODD, BENDER, and GANTMAN, JJ.

OPINION BY TODD, J.:

¶ 1 The Commonwealth appeals the judgment of sentence imposed on Tracy McIntosh after he entered a plea of nolo contendere to a single count of sexual assault. For the following reasons, we reverse and remand for resentencing.1

¶ 2 The charges in the instant case arose from a sexual encounter on the evening of September 6, 2002 between McIntosh, then a professor at the University of Pennsylvania...

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