237 Pa. Super. 357 | Pa. Super. Ct. | 1975
Opinion by
On February 23, 1974, a written complaint was filed against appellant charging him with a violation of Section
The Commonwealth contends that the period for the commencement of trial and, therefore, the period in which it could petition for an extension of time, was increased pursuant to Rule 1100(d)
Therefore, since the Commonwealth neither commenced trial nor petitioned for an order extending the time for commencement of trial within 270 days, and since the period for commencement of trial was not extended
Judgment of sentence vacated and appellant discharged.
Watkins, P. J., dissents.
. Act of December 6, 1972, P.L. 1482, §1, 18 Pa.C.S. §3921.
. Rule 1100(a) (1) states:
“Trial in a court case in which a written complaint is filed against the defendant after June 30, 1973 but before July 1, 1974 shall commence no later than two hundred seventy (270) days from the date on which the complaint is filed.”
. Rule 1100(c) states, in part:
“At any time prior to the expiration of the period for commencement of trial, the attorney for the Commonwealth may apply to the court for an order extending the time for commencement of trial.”
. Rule 1100(d) states:
“In determining the period for commencement of trial, there shall be excluded therefrom such period of delay at any stage of the proceedings as results from:
(2) any continuance in excess of thirty (30) days granted at the request of the defendant or his attorney, provided that only the period beyond the thirtieth (30th) day shall be so excluded.”
. Id.