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COM. v. V.A.M.

No. 1101 EDA 2008

980 A.2d 131 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. V.A.M., Appellant.

Superior Court of Pennsylvania.

Filed August 10, 2009.

Attorney(s) appearing for the Case

Jason A. Snyderman, Philadelphia, for appellant.

Michael Erlich, Asst. Dist. Atty., Philadelphia, for the Com., appellee.

BEFORE: BENDER, SHOGAN, JJ., and McEWEN, P.J.E.

OPINION BY BENDER, J.:

¶ 1 V.A.M. (Appellant) appeals from the order denying his petition for expungement of his arrest and conviction record after he was granted a new trial on charges of rape, involuntary deviate sexual intercourse, robbery, and criminal conspiracy and the re-trial did not take place because the Commonwealth nolle prossed all charges, having failed to locate the complaining victim. We reverse and remand.

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