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COMMONWEALTH PENNSYLVANIA v. CHARLES HEMINGWAY (01/26/87)

submitted: January 26, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES HEMINGWAY, APPELLANT



Appeal from the Judgment of Sentence of February 14, 1986, in the Court of Common Pleas of Allegheny County, Criminal, at No. CC 8500680A.

COUNSEL

Robert A. Crisanti, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

McEwen, Johnson and Watkins, JJ.

Author: Watkins

[ 369 Pa. Super. Page 114]

This submitted case comes to us on appeal from the Judgment of Sentence imposed February 14, 1986, in the Court of Common Pleas of Allegheny County sentencing the appellant, Charles Hemingway, to a term of imprisonment of three and one-half to seven years.

The history of this case as set forth in the trial court opinion is as follows:

The defendant, Charles Hemingway, was arrested on December 6, 1984, on charges of rape and burglary. On December 23, 1985, the defendant was found guilty by a jury as charged. The Honorable Judge John Feeney was the trial judge at the time and left the bench on December 31, 1985, with the instant case still pending.

The Defendant, through his attorney, filed post-trial motions in the nature of Motion for a New Trial and/or Arrest of Judgment, and a Petition for Reconsideration of Sentence both of which were denied.

The defendant was sentenced by the Honorable Walter R. Little, on February 14, 1986, to a term of incarceration of three and one-half (3 1/2) years to seven (7) years on the count of rape. As to the second count of burglary there was a determination of guilt without further penalty ordered.

The defendant appealed his judgment of sentence which is now before the Court . . .

Appellant presents the following questions for our consideration:

1. Was appellant denied effective assistance of counsel when trial counsel failed to obtain testimony from known witnesses concerning the prior relationship between the appellant and (the victim)?

2. Was appellant denied effective assistance of counsel when trial counsel failed to admit the first photo array into evidence?

3. Did (the) trial court err in allowing testimony on the results of the rape kit under the Uniform ...


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