Appeal from the Judgment of Sentence of the Court of Common Pleas, Clearfield County, Criminal Division, at No. 86-922-CRA.
Ronald L. Collins, Clearfield, for appellant.
Brosky, Rowley and Montemuro, JJ. Rowley and Montemuro, JJ., concur in the result.
[ 381 Pa. Super. Page 329]
This appeal lies from the judgment of sentence following appellant's conviction by a jury of involuntary deviate sexual intercourse, burglary, criminal trespass, indecent assault and defiant trespass.
On appeal, appellant raises three issues for our consideration: (1) whether he can be convicted of the offense of involuntary deviate sexual intercourse if he has been acquitted of the offense of rape; (2) whether the trial court erred in permitting the Commonwealth to impeach its own witness by the use of a prior inconsistent statement; and (3) whether the trial court committed error in refusing to permit appellant to inquire into or to present evidence of another person seen in the vicinity of the victim's residence or to inquire into allegations that the victim had previously claimed to have been raped. Finding that the record renders appellant's contentions unavailing, we affirm.
As his first issue, appellant asserts that since he was acquitted of rape (18 Pa.C.S.A. § 3121(2)), his acquittal for involuntary deviate sexual intercourse (IDSI) should logically obtain, as well, since the conduct giving rise to the charges was deviate in nature and constituted but one act.
The two statutory provisions under which appellant was charged read, in part, as follows:
[ 381 Pa. Super. Page 330]
A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse
(2) by threat of forcible compulsion that would prevent resistance by a person of ...