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COM. v. DOZIER

294 Pa.Super. 249 (1982)

439 A.2d 1185

COMMONWEALTH of Pennsylvania, v. Tyrone DOZIER, Appellant.

Superior Court of Pennsylvania.

Filed January 8, 1982.

Petition for Allowance of Appeal Denied April 2, 1982.

Attorney(s) appearing for the Case

John P. Cotter, Philadelphia, for appellant.

Sarah B. Vandenbraak, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, BROSKY and HOFFMAN, JJ.

SPAETH, Judge:

This is an appeal from judgment of sentence for rape.1 We have concluded that appellant was properly convicted, but that the judgment of sentence must be vacated and the case remanded for a hearing on appellant's petition for reconsideration of the sentence.

Appellant was tried before a jury. The principal witness was the complainant, a seventeen year-old high school student, who testified as follows. At 11 p.m....

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