Commonwealth v. Irvin

PRICE, Judge:

After a non-jury trial, appellant was convicted of rape 1 and involuntary deviate sexual intercourse 2 and sentenced to serve a term of imprisonment of one and one-half (1%) to five (5) years on the rape count, while sentence on the second count was suspended. Appellant was originally charged with a third count, aggravated assault, 3 but was found not guilty of this offense. He now contends that since all three charges arose out of the same set of facts, his acquittal on the aggravated assault count is inconsistent with his conviction on the rape and involuntary deviate sexual…