Commonwealth v. Dozier

SPAETH, Judge:

This is an appeal from judgment of sentence for rape. 1 We have concluded that appellant was properly convicted, but that the judgment of sentence must be vacated and the case remanded for a hearing on appellant’s petition for reconsideration of the sentence.

Appellant was tried before a jury. The principal witness was the complainant, a seventeen year-old high school student, who testified as follows. At 11 p. m. on January 5, 1979, while she was on her way home from visiting a girlfriend, appellant, whom she knew slightly, offered her a ride the rest of the way. It was snowing,…