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COM. v. BURNS

No. 2127 Eastern District Appeal 2007

988 A.2d 684 (2009)

COMMONWEALTH of Pennsylvania v. Gerry BURNS, Appellant.

Superior Court of Pennsylvania.

Filed December 31, 2009.

Attorney(s) appearing for the Case

Gary S. Server, Philadelphia, for appellant.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, and ALLEN, JJ.

OPINION BY FORD ELLIOTT, P.J.:

¶ 1 Gerry Burns appeals from the judgment of sentence of March 29, 2007, following his convictions of involuntary deviate sexual intercourse ("IDSI"), sexual assault, aggravated indecent assault, and indecent assault. A divided panel of this court filed a memorandum opinion on December 19, 2008, which reversed the judgment of sentence and remanded the case for a new trial upon finding that the trial court should have allowed appellant...

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