Appeal From the PCHA of November 10, 1987 In The Court of Common Pleas of Dauphin County, Criminal Division, No. 649 C.D. 1982
Robert B. MacIntyre, Harrisburg, for appellant.
Yvonne A. Okonieski, Deputy District Attorney, Harrisburg, for Com., appellee.
Montemuro, Cercone and Hester, JJ.
[ 375 Pa. Super. Page 597]
This is a case in which the trial court imposed separate sentences on the defendant all within the statutory limits for indecent assault and corruption of a minor arising out of a single incident. The issue of the imposition of separate sentences was not raised on direct appeal whereupon appellant filed a P.C.H.A. petition challenging the imposition of separate sentences and raised the claim of ineffectiveness of counsel for not objecting to the sentences. This the appellant has the right to do. Commonwealth v. Rispo,
[ 375 Pa. Super. Page 598222]
Pa. Super. 309, 294 A.2d 792 (1972), allocatur refused, 222 Pa. Super. xxxii (1972).
The trial took place on October 18, 1982 and appellant's brief discloses the following facts:
The victim who was twelve (12) years of age had been granted permission by her parents to accompany appellant and his daughters to a skating party on February 14, 1982. Victim's parents also granted permission for the victim to spend the preceding night with appellant and his children.
Victim alleged that while being transported by appellant to his home, appellant parked his van, exposed his penis, forced the victim to touch his penis and touched the victim's vaginal area from outside her clothes. Appellant denied physical conduct with the victim.
Timely post verdict motions were filed following conviction alleging various trial errors. These motions were denied and sentence was imposed on December 15, 1983. Incarceration of not less than two (2) years nor more than five (5) years was imposed for the corruption of minors conviction and a concurrent sentence of eleven (11) months to twenty-three (23) months was imposed for the conviction of indecent assault. Appellant was given credit for time served, some twenty (20) months, twenty (20) days.
Direct appeal was taken to the Pennsylvania Superior Court which affirmed the judgment of sentence on March 29, 1985, Commonwealth v. Bechtel, 343 Pa. Super. 604, 494 A.2d 476 (1985). A Petition for Allowance of Appeal to the Pennsylvania Supreme Court was ...