Wednesday, March 17, 2010

COMMONWEALTH OF PENNSYLVANIA v. BARMI FUENTES

COMMONWEALTH OF PENNSYLVANIA v. BARMI FUENTES
No. 817 EDA 2008 2010 PA Super 36 Atlantic: n/a Filed: 3/17/2010

Appeal from the Judgment of Sentence February 29, 2008
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0312481-2006
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN, & ALLEN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: BENDER, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s negotiated guilty plea to the charges of aggravated indecent assault, 18 Pa.C.S.A. § 3125, and three counts of robbery, 18 Pa.C.S.A. § 3701(a)(1). On appeal, Appellant seeks review of the trial court’s determination that he is a sexually violent predator (SVP) under Megan’s Law. Specifically, Appellant contends the trial court erred in determining the Commonwealth proved by clear and convincing evidence that: (1) Appellant suffered from an antisocial personality disorder and (2) Appellant was “likely” to engage in future predatory sexual violence. We affirm.
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