Commonwealth v. Watson
140 A.3d 696
| Pa. Super. Ct. | 2016Background
- Appellant Therion Watson was arrested for a November 11, 2010 violent robbery and related offenses and a criminal complaint was filed June 15, 2011.
- Watson was arrested in North Carolina on July 30, 2011, waived extradition, appeared in Harrisburg Night Court Sept. 6, 2011, waived preliminary hearing Oct. 17, 2011, and was arraigned Dec. 15, 2011.
- Trial did not occur until December 9, 2013 — 908 days after the complaint was filed, well past the 365-day Rule 600 mechanical run date.
- The trial court excluded over 700 days from the Rule 600 computation as delays attributable to defense counsel’s continuance requests and concluded trial commenced within the adjusted run date.
- Watson argued the Commonwealth should be charged with the first 198 days (including 21 days after waiver of extradition) and that the Commonwealth should have objected to defense continuances as the run date approached; he also asserted counsel lacked authority to concede continuances.
- The trial court convicted Watson after a non-jury waiver trial; he was sentenced to an aggregate term of 120–240 months. Watson appealed only the Rule 600 denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in denying Rule 600 motion to dismiss for delay | Commonwealth: most delay was excludable or attributable to defendant; continuances by defense counsel properly excluded | Watson: first 198 days attributable to Commonwealth; Commonwealth should have objected to defense continuances; counsel lacked authority to request continuances without his consent | Court affirmed: trial court acting within discretion; defense continuances properly excluded and Commonwealth not responsible; no authority requires counsel to obtain defendant’s permission for continuances |
Key Cases Cited
- Commonwealth v. Peterson, 19 A.3d 1131 (Pa. Super. 2011) (discusses dual purpose of Rule 600 balancing speedy trial and society’s interest)
- Commonwealth v. Lynn, 815 A.2d 1053 (Pa. Super. 2003) (explains mechanical run date and adjusted run date computation)
- Commonwealth v. Wells, 521 A.2d 1388 (Pa. Super. 1987) (recognizes continuances as trial strategy within counsel’s reasonable purview)
- Commonwealth v. Hunt, 858 A.2d 1234 (Pa. Super. 2004) (upholds denial of Rule 600 dismissal where delays were primarily defense continuances)
- Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013) (addresses timing for raising ineffective assistance claims)
- Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002) (governs review timing for ineffective assistance claims)