Commonwealth v. Swartz

CERCONE, Judge:

This is an appeal from an order of the Court of Common Pleas of Columbia County, denying appellant’s motion to dismiss the charges against him. Appellant had filed a motion to dismiss on April 17, 1989 on the basis that his rights under Rule 1100 of the Pennsylvania Rules of Criminal Procedure had been violated. See Pa.R.Crim.P., Rule 1100, 42 Pa.C.S.A. We vacate and remand for the reasons articulated below.

On March 16, 1988, appellant was arrested in connection with a motor vehicle accident which occurred on February 29, 1988 and charged with violation of 75 Pa.C.S.A. § 3742,…