Commonwealth v. McIntosh

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 (“Penn”), and the 23-year-old victim, M.R., who had just begun classes at Penn’s veterinary school. M.R. also was the niece of a good friend of McIntosh and, because of McIntosh’s…