Trial court erred in imposing separate sentences for rape and involuntary deviate sexual intercourse convictions arising from the same incident of sexual conduct because the statutory elements of both offenses were virtually identical to one another. Judgment of sentence vacated, case remanded for resentencing.
April 07, 2017 at 12:00 AM
1 minute read
Rape and Involuntary Deviate Sexual Intercourse • Merger for Sentencing Purposes
Commonwealth v. Brown, PICS Case No. 17-0494 (Pa. Super. March 28, 2017) Moulton, J. (8 pages).
Trial court erred in imposing separate sentences for rape and involuntary deviate sexual intercourse convictions arising from the same incident of sexual conduct because the statutory elements of both offenses were virtually identical to one another. Judgment of sentence vacated, case remanded for resentencing.
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