Thursday, July 30, 2009

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL C. JUDY

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL C. JUDY
No. 1028 MDA 2008 2009 PA Super 148 Atlantic: 978 A.2d 1015 Filed: 7/30/2009

Appeal from the Judgment of Sentence entered January 24, 2008
In the Court of Common Pleas of Dauphin County
Criminal at No. CP-22-CR-0002662-2006
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant Michael C. Judy appeals from judgment of sentence after a jury convicted him of sexual offenses stemming from his alleged sexual abuse of a female child over a period of eight years. Appellant was sentenced to an aggregate term of four to ten years in state prison and classified as a sexually violent predator. Post-sentence motions were denied and timely appeal followed. The record discloses compliance with Pa.R.A.P. 1925. Appellant maintains that statements made by the assistant district attorney in closing argument constituted prosecutorial misconduct, that a mistrial was warranted, and that the intentional nature of the misconduct bars retrial under double jeopardy principles. We disagree. Accordingly, we affirm judgment of sentence.
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