Commonwealth v. Polk

CIRILLO, Judge:

This is an appeal from a judgment of sentence imposed on a conviction for rape. We affirm in part and remand in part.

The facts as accepted by the trial court indicate the following: on June 17, 1982, the victim, Lynise Parker, left her apartment to take her first walk outside after undergoing a biopsy and hysterectomy a week and one-half earlier. She still had sutures, both external and inside her vagina. The victim was walking with her thirteen year old daughter in the vicinity of her apartment, when she encountered appellant, Alonzo Polk, whom she had known for thirteen years…