Commonwealth v. McCafferty

CERCONE, Judge:

This case comes to us on an appeal taken by the Commonwealth from an order dismissing with prejudice, pursuant to Pa.R.Crim.P. 1100, the charges against Rory McCafferty.

Rule 1100 provides, in pertinent part, that trial in a court case in which a written complaint is filed against the defendant between June 30, 1973 and July 1, 1974 shall commence no later than 270 days from the date the complaint is filed. Any period of delay resulting from the unavailability of the defendant is excluded. The period is subject to extension upon a showing by the Commonwealth that trial cannot…