J-A19005-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : MAHMOUD MOHAMED AHMED : No. 1143 MDA 2021 IBRAHIM : Appeal from the Order Entered August 5, 2021 In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0003070-2020 BEFORE: BOWES, J., KING, J., and STEVENS, P.J.E.* MEMORANDUM BY BOWES, J.: FILED DECEMBER 13, 2022 The Commonwealth of Pennsylvania (“Commonwealth”) appeals from the August 5, 2021 order granting Mahmoud Mohamed Ahmed Ibrahim’s oral motion in arrest of judgment on his conviction for sex assault. After careful review, we reverse and remand for further proceedings. On February 26, 2018, Lillian and Lucas Miller invited Courtney Custer (“victim”) and Appellee over to their house with the intent of introducing them to each other. N.T. Jury Trial, 6/24-25/21, at 29, 95. Appellee and the victim met and spent several hours talking. Id. at 29-30. In the early hours of February 27, 2018, the Millers went to sleep in their bedroom. Id. at 30-31. In the living room, the victim and Appellee put on a movie and reclined on a double chair with an arm rest separating the two seats. Id. at 30, 32-34. A ____________________________________________ * Former Justice specially assigned to the Superior Court. J-A19005-22 short time later, Appellee began kissing the victim’s neck repeatedly. Id. at 34. Despite her requests to stop, Appellee continued kissing the victim, lowered her pajama bottoms, forcefully inserted his penis into her vagina, and began thrusting violently. Id. at 37-40. When Appellee briefly paused to readjust himself, the victim escaped to a nearby bathroom. Id. at 40-41. Sometime later, Lillian found the victim in the bathroom and, after the victim told her what happened, transported the victim to the hospital for a sexual assault examination. Id. at 41-43, 89-90. At the hospital, medical professionals took photographs of bruises and scratches to the victim’s neck, chest, legs, and buttocks. Id. at 44, 74, 138- 47. An internal examination revealed blunt force trauma to the victim’s cervix. Id. at 134. The sexual assault kit also indicated the presence of DNA that matched Appellee. Id. at 136-38. The Pennsylvania State Police (“PSP”) reported to the hospital and interviewed the victim, who identified Appellee as the perpetrator. The PSP interviewed Appellee twice. Initially, he denied the events had occurred. Id. at 165-66. However, mid-interview, Appellee conceded that he met and had consensual sex with the victim, because she “was asking for it.” Id. at 166-67. In his second interview, Appellee professed his “love” for the victim, stated that he wanted her to be his wife, and showed the officers approximately 160 unanswered text messages he had sent to her after the incident. Id. at 46-48, 178-79, 181-86, 188, 190-91. Ultimately, Appellee was arrested and charged with rape – forcible compulsion and sexual assault. -2- J-A19005-22 While the charges were pending, Appellee was taken into the custody of Immigration and Customs …
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