Com. v. Berryhill, S.
Com. v. Berryhill, S. No. 3506 EDA 2015
| Pa. Super. Ct. | Jul 19, 2017Background
- Berryhill was arrested Sept. 17, 2014 after three controlled buys and a search; criminal complaint filed Sept. 18, 2014.
- Preliminary hearing Sept. 30, 2014; arraignment Oct. 21, 2014.
- Multiple continuances followed: discovery-related continuance to Dec. 15, 2014; pre-trial conference Jan. 5, 2015 (defense had requested time to consider a plea); further continuances for discovery and unavailable police witness; trial set for Sept. 30, 2015.
- Berryhill moved to dismiss under Pa.R.Crim.P. 600 on Sept. 28, 2015, asserting the Commonwealth exceeded the 365-day mechanical run date (Sept. 18, 2015).
- Trial court granted dismissal; Commonwealth appealed, arguing the court improperly charged all delay to the Commonwealth.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Berryhill) | Held |
|---|---|---|---|
| Whether Rule 600 was violated because trial did not commence within 365 days of complaint | Delays caused by court schedule, defense continuance, and unavailable officer were not chargeable to Commonwealth; Commonwealth exercised due diligence | All time from filing is chargeable to Commonwealth; Dec. 15 continuance should count against Commonwealth because defendant wasn’t forced to accept plea | The 21-day period (Dec. 15, 2014–Jan. 5, 2015) was excludable as a defense-request continuance; adjusted run date is Oct. 19, 2015; dismissal under Rule 600 was erroneous and reversed |
Key Cases Cited
- Commonwealth v. Ramos, 936 A.2d 1097 (Pa. Super. 2007) (mechanical run date and adjusted run date framework under Rule 600)
- Commonwealth v. Preston, 904 A.2d 1 (Pa. Super. 2006) (delays beyond Commonwealth’s control are excusable when due diligence shown)
- Commonwealth v. Mattis, 710 A.2d 12 (Pa. Super. 1998) (defense-caused delays are excludable)
- Commonwealth v. Anderson, 959 A.2d 1248 (Pa. Super. 2008) (continuance to consider a plea is chargeable to defense)
- Commonwealth v. Peterson, 19 A.3d 1131 (Pa. Super. 2011) (joint and defense continuances can be excluded from Commonwealth time computation)