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COMMONWEALTH PENNSYLVANIA v. CLIFFORD T. NEWMAN (10/12/89)

filed: October 12, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
CLIFFORD T. NEWMAN, APPELLANT



Appeal from the Judgment of Sentence entered July 22, 1988 in the Court of Common Pleas of Centre County, Criminal No. 87-740, 87-771.

COUNSEL

Jeffrey W. Stover, State College, for appellant.

Ray F. Gricar, Dist. Atty., Bellefonte, for Com., appellee.

McEwen, Olszewski and Popovich, JJ.

Author: Mcewen

[ 388 Pa. Super. Page 147]

This direct appeal has been taken from the judgment of sentence to two consecutive terms of imprisonment of from ten years to twenty years each, imposed after a jury determined appellant was guilty of the offenses arising from two separate occurrences*fn1 of rape, separated by an eighteen month interval, upon patients at the hospital where appellant was employed as an x-ray technician. We are constrained to reverse and remand.

Appellant asserts that he was irretrievably prejudiced because he was compelled to undergo, in one proceeding, trial upon two distinct charges of rape. An analysis of this argument must commence with an examination of Rule 1127 of the Pennsylvania Rules of Criminal Procedure, which provides, in relevant part:

RULE 1127. JOINDER -- TRIAL OF SEPARATE INDICTMENTS OR INFORMATIONS

A. Standards

(1) Offenses charged in separate indictments or informations may be tried together if:

(a) the evidence of each of the offenses would be admissible in a separate trial for the other and is

[ 388 Pa. Super. Page 148]

    capable of separation by the jury so that there is no ...


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