Commonwealth v. Reese

DEL SOLE, Judge:

This is a Commonwealth appeal from an order granting Appellee a new trial following receipt of DNA evidence in a post-conviction hearing proceeding. We affirm.

In 1982, following a jury trial, Appellant was found guilty of Rape, Kidnapping and related offenses. At trial the victim testified that in April of 1982 at about 9:30 in the evening, as she was driving her vehicle, another vehicle approached from behind with its lights flashing. The victim, thinking it was her boyfriend, pulled off the road. At this point the assailant approached her car, opened her door, grabbed her…