Commonwealth v. Heilman

OPINION BY

MONTEMURO, J.:

¶ 1 This is an appeal from the judgment of sentence of 20 to 120 months’ imprisonment entered June 14, 2004, in the Clinton County Court of Common Pleas following revocation of Appellant’s probation. For the reasons set forth below, we reverse and remand for a Gagnon II1 revocation hearing.

¶ 2 In February of 2002, Appellant was charged with sexually assaulting his 15 year old daughter. On July 19, 2002, pursuant to an agreement with the Commonwealth, Appellant pled nolo contendere to one count of incest; sentencing was scheduled for September 9th. At the sentencing…