COM. v. CAPO


727 A.2d 1126 (1999)

COMMONWEALTH of Pennsylvania, Appellee v. Sortir CAPO, Appellant.

Superior Court of Pennsylvania.

Filed March 16, 1999.

Reargument Denied March 30, 1999.


Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Philadelphia, for appellant.

Catherine Marshall, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before JOHNSON, MONTEMURO, JJ., and CIRILLO, President Judge Emeritus.


MONTEMURO, J.

¶ 1 This is an appeal from judgment of sentence following Appellant's conviction for indecent assault. We affirm.

¶ 2 On November 13, 1995, at approximately 5:00 p.m., the victim, 15 year old M.A., and a friend were eating dinner in a relatively empty sandwich shop across the street from their school when Appellant, then 61 years old, entered the shop, sat down and began leering at M.A. He then winked and waved, smiling and making kissing...

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