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[J-194-2002] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : KENNETH D. TATE, : : Appellant : :

No. 84 MAP 2002 Appeal from the Order of Superior Court entered 12-7-2001 (Reargument denied 212-2002) at No. 1775 MDA 2000 which affirmed the Order of Court of Common Pleas of Dauphin County, Criminal Division entered 9-28-2000 at No. 307 CD 2000.

ARGUED: December 4, 2002

OPINION

MR. JUSTICE EAKIN

DECIDED: FEBRUARY 19, 2003

On October 6, 1999, 14-year-old IB was walking home from school when appellant pulled up beside her in his black Lexus, asked her if he knew her, and then told her to get in the car. She refused, went home, and told her grandmother of the incident. IB described appellant as a black male wearing a black baseball cap, blue hooded sweatshirt, and sunglasses. IB saw appellant driving the same car later that day, and again the next day. On October 18, 1999, IB picked out appellant's photograph at the police station; she later identified him at trial. Appellant was convicted of luring a child into a motor vehicle, 18 Pa.C.S.

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Pennsylvania Law