Superior Court 4/18/08 - COMMONWEALTH OF PENNSYLVANIA v. ROBERT JOHN FLETCHER

COMMONWEALTH OF PENNSYLVANIA v. ROBERT JOHN FLETCHER
No. 311 WDA 2007 2008 PA Super 74 Atlantic: n/a Filed: 4/18/2008
Appeal from the Judgment of Sentence of January 8, 2007, in the Court of Common Pleas of Lawrence County, Criminal Division at No. 1597 of 2005
Before: MUSMANNO, ORIE MELVIN AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence imposed following Appellant’s guilty pleas to charges related to the sexual abuse of his minor niece, including two counts of indecent assault. Appellant was sentenced and designated a sexually violent predator (“SVP”) for purposes of Pennsylvania’s Megan’s Law. Appellant presents argument on only one issue for our review: whether the SVP designation was supported where there was insufficient evidence that Appellant engaged in predatory behavior in the assaults on his niece. When this Court reviews the sufficiency of the evidence supporting a determination of SVP status, “we will reverse the trial court only if the Commonwealth has not presented clear and convincing evidence sufficient to enable the trial court to determine that each element required by the statute has been satisfied.” Commonwealth v. Haughwout, 837 A.2d 480, 484 (Pa. Super. 2003) (citation omitted). We affirm.