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Commonwealth v. Carter

Superior Court of Pennsylvania

March 19, 2015

COMMONWEALTH OF PENNSYLVANIA
v.
CHRISTOPHER JACKSON CARTER, Appellant

Submitted January 5, 2015.

Appeal from the Judgment of Sentence of the Court of Common Pleas, Monroe County, Criminal Division, No. CP-45-CR-0002272-2012.

Chandra V. Bleice, Public Defender, Stroudsburg, for appellant.

Elmer D. Christine, Jr., District Attorney, Stroudsburg, for Commonwealth, appellee.

BEFORE: FORD ELLIOTT, P.J.E., PANELLA AND OTT, JJ. OPINION BY FORD ELLIOTT, P.J.E.

OPINION

FORD ELLIOTT, P.J.E.:

Christopher Jackson Carter appeals from the judgment of sentence of March 31, 2014, following his conviction of various sexual offenses. We affirm.

Page 1222

Following a jury trial held October 21-22, 2013, appellant was found guilty of one count of rape by forcible compulsion, five counts of involuntary deviate sexual intercourse (" IDSI" ) -- person less than sixteen years of age, five counts of aggravated indecent assault, four counts of indecent assault, five counts of endangering the welfare of a child, and five counts of corruption of minors. The charges resulted from the victim's disclosure that she had been sexually abused by appellant during the years 1990 through 1994. Appellant was sentenced to an aggregate term of 240 to 480 months' imprisonment; this timely appeal followed. Appellant has complied with Pa.R.A.P., Rule 1925(b), 42 Pa.C.S.A. 5554, and the trial court has filed an opinion.

Appellant has raised the following issues for this court's review:

[1.] Did the trial court err by permitting the Commonwealth to call an expert to testify that bolstered the credibility of the complaining witness?
[2.] Were [appellant]'s constitutional rights violated by the Commonwealth proceeding against him in violation of the Statute of Limitations that was in place at the time the offenses were alleged to have been committed?
[3.] Has the Commonwealth failed to demonstrate any reason why the applicable statute of limitations of two and five years was tolled ...

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