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In re A.D.

Order adjudicating juvenile a delinquent and ordering commitment to a residential facility affirmed because there was sufficient evidence supporting rape and indecent exposure charges, juvenile failed to demonstrate ineffective assistance of counsel, and court did not abuse its discretion in ordering commitment despite contrary recommendations of court-ordered experts and probation officer.

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J. E05006/00

� 1 This appeal follows a trial court order adjudicating Appellant delinquent on one count of rape and two counts of indecent assault, and ordering him committed to Mars Youth Home. Appellant challenges the sufficiency of the evidence, the admissibility of certain evidence, the propriety of the court’s commitment order, the delinquency finding and also asserts he received ineffective assistance of counsel. Finding each of these issues to be without merit, we affirm.

� 2 We begin by addressing Appellant’s claim that the evidence offered by the Commonwealth was insufficient to support the adjudication. Appellant was charged with two counts of rape and two counts of indecent assault related to two separate instances, one occurring in the victim’s brother’s bedroom and another occurring in the basement bathroom at Appellant’s home. The court ruled Appellant was not guilty of rape with respect to the incident occurring in the bathroom, but there was sufficient evidence to support an adjudication of guilt on the remaining charges. On appeal it is specifically alleged that penetration with regard to the rape charge was not proven and that there was insufficient evidence to support the indecent assault which was found to have occurred in the basement bathroom.

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