Commonwealth v. Sharp

HOFFMAN, Judge:

The Commonwealth contends that the lower court erred in concluding that the time for commencing trial was improperly extended pursuant to Pa.R.Crim.P. 1100(c). We agree and, accordingly, reverse the order of the lower court.

On October 23, 1978, the Commonwealth filed a criminal complaint charging appellee with various offenses arising from a robbery committed earlier that day. Thus, pursuant to Pa.R.Crim.P. 1100(a)(2), appellee’s trial should have commenced on or before April 23, 1979. Appellee’s trial was scheduled for March 19, 1979. On that date, however, appellee’s newly…