COM. v. GACOBANO

No. 1104 EDA 2012

65 A.3d 416 (2013)

2013 PA Super 84

COMMONWEALTH of Pennsylvania, Appellee v. Jason GACOBANO, Appellant.

Superior Court of Pennsylvania.

Filed April 12, 2013.


Attorney(s) appearing for the Case

Jason Gacobano, appellant, pro se.

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

BEFORE: BENDER, BOWES, and LAZARUS, JJ.


OPINION BY BOWES, J.:

Jason Gacobano appeals from the March 12, 2012 order denying his petition for DNA testing. We affirm.

At approximately 11:30 p.m. on August 28, 1995, the victim, C.W., was asleep in her Philadelphia home when Appellant, Camilio Gonzalez, and a third unidentified male forced their way into the residence. The three men pointed a gun at C.W., and Appellant, who removed a mask that he was wearing, raped the victim in front of his two cohorts...

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