Commonwealth v. Blackwell

OLSZEWSKI, Judge:

This is an appeal nunc pro tunc from a judgment of sentence after conviction for attempted rape, indecent assault, simple assault, terroristic threats and burglary. Appellant raises two issues for our consideration: first, whether the trial court erred in denying appellant’s motion to suppress identification due to an impermissibly suggestive line-up; and second, whether the trial court erred in denying appellant’s motion to dismiss on Rule 1100 grounds. For the following reasons, we vacate the order of the trial court granting appellant the right to file an appeal nunc pro…