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COM. v. HORNE

247 Pa.Super. 34 (1977)

371 A.2d 1024

COMMONWEALTH of Pennsylvania v. Wayne John HORNE, Appellant.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Louis C. Johanson, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

PER CURIAM:

It appearing that consecutive sentences have been imposed separately (1) for the charge of rape and (2) for the charge of statutory rape arising out of the same single episode, the sentences are vacated. This case is remanded to the court below for an initial determination of whether or not defense counsel was ineffective solely in withdrawing post trial motions. If upon remand, it should be determined...

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