| COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS No. 2127 EDA 2007 2009 PA Super 260 Atlantic: n/a Filed: 12/31/2009 | |
| Appeal from the Judgment of Sentence, March 29, 2007, in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0802891-2005 | |
| Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, AND ALLEN, JJ. | |
| Opinion by: FORD ELLIOT, P.J. | |
| Gerry Burns appeals from the judgment of sentence of March 29, 2007, following his convictions of involuntary deviate sexual intercourse (“IDSI”), sexual assault, aggravated indecent assault, and indecent assault. A divided panel of this court filed a memorandum opinion on December 19, 2008, which reversed the judgment of sentence and remanded the case for a new trial upon finding that the trial court should have allowed appellant to pierce the Rape Shield Law and cross-examine the victim regarding whether she had engaged in sexual activity with another man earlier on the day in question. On February 26, 2009, we granted the Commonwealth’s application for reargument en banc and withdrew the panel memorandum opinion. After careful review, we now affirm the judgment of sentence. | |
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