Commonwealth v. Wagner

CERCONE, President Judge Emeritus:

This is a consolidated appeal from the judgment of sentence imposed after appellant pleaded no contest to two counts of indecent assault.1 We vacate the judgment of sentence and remand for resentencing.

Appellant was charged with two counts of indecent assault, one count of indecent exposure, and one count of aggravated indecent assault. The charges arose out of two incidents involving appellant, a van driver for handicapped students at Edinboro University, and the victim, a handicapped student. Appellant pled no contest to the two charges of indecent assault,…