decided: December 16, 1982.
GLENN LEE JOHNSON, PETITIONER
COMMONWEALTH OF PENNSYLVANIA
No. 177 W.D. Alloc. Dkt. 1982, (No. 6 Pittsburgh, 1980), Petition for Allowance of Appeal from the Superior Court
McDermott, J., did not participate in the consideration or decision of this case.
Author: Per Curiam
[ 499 Pa. Page 381]
Petition for allowance of appeal granted. As the record establishes that the indecent assault conviction should have been merged with the conviction of rape, the order of the Superior Court is vacated insofar as it affirms the judgment of sentence imposed on the charge of indecent assault, and that judgment of sentence is vacated. See Commonwealth v. Houtz, 496 Pa. 345, 437 A.2d 385 (1981); Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981). The order of the Superior Court is affirmed insofar as it affirms the judgment of sentence imposed on the charge of rape.
Order of the Superior Court modified. As modified, order affirmed.
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