COM. v. NOLAND


351 Pa.Super. 368 (1986)

505 A.2d 1355

COMMONWEALTH of Pennsylvania v. John Thomas NOLAND a/k/a Nolan, Appellant.

Supreme Court of Pennsylvania.

Filed February 3, 1986.

Reargument Denied April 4, 1986.


Attorney(s) appearing for the Case

Shelley Stark, Assistant Public Defender, Pittsburgh, for appellant.

Joel M. Kaufman, Assistant District Attorney, Pittsburgh, for Com., appellee.

Before ROWLEY, OLSZEWSKI and DEL SOLE, JJ.


PER CURIAM:

Judgments of Sentence for rape and escape affirmed. Judgment of Sentence for burglary vacated and remanded for resentencing. Jurisdiction relinquished.

OLSZEWSKI, J., files a concurring and dissenting opinion.

OLSZEWSKI, Judge, concurring and dissenting:

I agree with my colleagues' decision that the trial court did not err in finding that the crimes of rape and escape arose out of separate transactions. I disagree, however, with...

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