Tuesday, September 7, 2010

COMMONWEALTH OF PENNSYLVANIA v. LESTER MASKER

COMMONWEALTH OF PENNSYLVANIA v. LESTER MASKER
No. 2931 EDA 2009 2010 PA Super 161 Atlantic: n/a Filed: 9/7/2010

Appeal from the PCRA Order of September 18, 2009
In the Court of Common Pleas of Pike County,
Criminal Division, Nos. CR-0000003-07, CP-52-CR-0000026-2007
Before: DONOHUE, SHOGAN, and LAZARUS, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: SHOGAN, J.
Lester Masker appeals from the trial court’s order denying his petition, after a hearing, filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9741-46. Masker pled guilty to one count each of involuntary deviate sexual intercourse, incest, indecent assault (M-1), corruption of minors, and indecent assault (M-2). The charges stemmed from Masker’s admission that he engaged in oral sex and penetrated the genitals with his tongue of his 13-year-old victim, his adopted daughter, touched her breasts with his hand, masturbated in front of her while at the same time touching and licking her, and touched her between her legs with his hands and licked her body. The inappropriate conduct occurred on and off for almost six years when the victim was eight until she was fourteen-years-old.
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