Supreme Court of Pennsylvania, 1982

Johnson v. Commonwealth

Johnson v. Commonwealth
Supreme Court of Pennsylvania · Decided December 16, 1982 · McDERMOTT
453 A.2d 922; 499 Pa. 380; 1982 Pa. LEXIS 662 (Atlantic Reporter, Second Series)

Johnson v. Commonwealth

Opinion

*381 ORDER

PER CURIAM:

Petition for allowance of appeal granted. As the record establishes that the indecent assault conviction should have been merged with the conviction of rape, the order of the Superior Court is vacated insofar as it affirms the judgment of sentence imposed on the charge of indecent assault, and that judgment of sentence is vacated. See Commonwealth v. Houtz, 496 Pa. 345, 437 A.2d 385 (1981); Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981). The order of the Superior Court is affirmed insofar as it affirms the judgment of sentence imposed on the charge of rape.

Order of the Superior Court modified. As modified, order affirmed.

McDERMOTT, J., did not participate in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.