Monday, August 10, 2009

COMMONWEALTH OF PENNSYLVANIA v. V.A.M.

COMMONWEALTH OF PENNSYLVANIA v. V.A.M.
No. 1101 EDA 2008 2009 PA Super 156 Atlantic: 980 A.2d 131 Filed: 8/10/2009

Appeal from the Order Entered March 5, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at Nos.: CP-51-CR-0603191-1986
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: BENDER, J.
Dissenting Opinion by: SHOGAN, J.
V.A.M. (Appellant) appeals from the order denying his petition for expungement of his arrest and conviction record after he was granted a new trial on charges of rape, involuntary deviate sexual intercourse, robbery, and criminal conspiracy and the re-trial did not take place because the Commonwealth nolle prossed all charges, having failed to locate the complaining victim. We reverse and remand.
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