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COM. v. BAXTER

No. 622 WDA 2006

956 A.2d 465 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Charles Warner BAXTER, Appellee.

Superior Court of Pennsylvania.

Filed August 29, 2008.

Attorney(s) appearing for the Case

Douglas G. McCormick, Asst. Dist. Atty., for Com., appellant.

Nicole Sloane, Erie, for appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.

OPINION BY ORIE MELVIN, J.:

¶ 1 This is a Commonwealth appeal from the order entered on March 8, 2006 in the Court of Common Pleas of Erie County that granted a new trial to Appellee, Charles Warner Baxter, on grounds that the prosecution of Appellee under 18 Pa. C.S.A. § 6111(g)(4) violated Appellee's due process rights as well as the separation of powers doctrine. After review, for the reasons that follow, we find there is no constitutional infirmity to...

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