Commonwealth v. Weber

HOFFMAN, Judge:

Appellant contends that the lower court erred in denying his Rule 1100(f) application, Pa.R.Crim.P.; 19 P.S. Appendix.1 In the alternative, appellant argues that his trial *252counsel was ineffective in failing to file a timely Rule 1100(f) application. We agree with the latter contention and, for the reasons which follow, order appellant discharged.2

On February 11, 1976, Philadelphia police arrested appellant and his brother3 for various violations of the Vehicle Code.4 As a result of an investigation by the police departments of Philadelphia and Lower Merion Township, Montgomery…