Commonwealth v. Celestin

¶ 1 Appellant, Jean M. Celestin (“Celes-tin”) and the Commonwealth have filed cross-appeals from a judgment of sentence entered November 19, 2001, in the Court of Common Pleas of Centre County. For the reasons set forth below, we dismiss Celestin’s appeal, vacate the judgment of sentence, and remand this matter to the trial court for resentencing.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 In October 1999, Celestin and co-defendant, Nathaniel Parker (“Parker”), were charged by criminal complaint with rape of an unconscious person, 18 Pa. C.S.A. § 3121(a)(3), involuntary deviate sexual intercourse…