Commonwealth v. Foster

HUDOCK, Judge.

This is an appeal from the judgment of sentence imposed *63upon Appellant after a jury convicted him of rape1 and involuntary deviate sexual intercourse.2 Timely filed post-verdict motions were denied by the trial court, and Appellant was sentenced to an aggregate term of incarceration of twelve to twenty-four years.3 A timely filed motion to modify sentence was also denied. This direct appeal followed. We remand with instructions.

The relevant facts, as summarized by the trial court, are as follows:

On October 6, 1988, at approximately 1:15 A.M., Officer Kenneth A. Bittner of the…