Superior Court 9/29/08 - COMMONWEALTH OF PENNSYLVANIA v. JOSEPH J. JENNINGS, JR.

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH J. JENNINGS, JR.
No. 1090 MDA 2007 2008 PA Super 230 Atlantic: n/a Filed: 9/29/2008
Appeal from the Judgment of Sentence April 14, 2004 In the Court of Common Pleas of Lycoming County Criminal at No(s): CP-41-CR-0000342-2003
Before: STEVENS, MUSMANNO, and TAMILIA, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: MUSMANNO, J.
This is an appeal nunc pro tunc from the judgment of sentence entered in the Court of Common Pleas of Lycoming County subsequent to Appellant’s convictions for one count of sexual assault and two counts of indecent assault, and his acquittal on a charge of rape. On appeal, Appellant contends (1) the trial court erred in qualifying a sexual assault nurse as an expert witness and permitting her to make a “medical diagnosis” of the victim’s condition, and (2) the jury’s verdict was against the weight of the evidence based on the factual record and the jury’s verdict was inconsistent. We affirm the judgment of sentence.

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