Com. v. Drummond, W., Com. v. Drummond, W. No. 1998 EDA 2015

Drummond was convicted by jury of burglary, criminal trespass, possessing an instrument of crime, and terroristic threats; aggregate sentence 10 to 26 years.
December 12, 2012, home invasion at 2153 East Stella Street in Philadelphia; Velez, Settle, and a friend were present.
Drummond and Louis Mostak demanded a watch; Drummond knife-to-throat incident on Velez, causing a deep laceration to Velez’s finger.
Police later executed a search at 2311 Arthur Street, finding the Bowie knife, hospital paperwork in Mostak’s name, a check, and DNA/blood evidence on the knife linking to Velez.
Rule 600 speedy-trial issue: complaint filed Dec. 14, 2012; motion to dismiss June 23, 2014; 556 days elapsed with 213 days non-chargeable; net 343 days, not entitled to relief.
Drummond challenged discretionary aspects of sentencing as unduly harsh; trial court considered extensive history and imposed sentence; judgment affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy-trial compliance under Rule 600	Drummond argues 365-day window violated due to Commonwealth delay	Commonwealth failed to exercise due diligence	No Rule 600 violation; 343 chargeable days; relief denied
Discretionary aspects of sentencing	Sentence excessively harsh and not individualized	Court properly considered history and guidelines	No abuse of discretion; sentence affirmed

Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (substantial-question standard; individualized sentencing considerations)
Commonwealth v. Sierra, 752 A.2d 910 (Pa. Super. 2000) (four-part discretionary-sentencing review test)
Commonwealth v. Evans, 901 A.2d 528 (Pa. Super. 2006) (discretionary-sentencing review prerequisites; preserved issues)
Commonwealth v. Jones, 886 A.2d 689 (Pa. Super. 2005) (earliest trial-date rule; time not charged to Commonwealth when date set by court)