Commonwealth v. Mills

HERMAN, J,

BACKGROUND

The defendant was issued a citation for harassment on May 23,2006. She appeared before Magisterial District Judge Carol Johnson on July 24, 2006 and was found guilty. She filed a timely notice of appeal from the conviction on August 21,2006. On June 18,2007, she filed a motion to dismiss the charge pursuant to Pennsylvania Rule of Criminal Procedure 600 because 388 days had passed since the citation was issued and the Common*497wealth had not set a hearing on the appeal. The Commonwealth in its answer to the motion admitted 388 days had passed without a hearing but denied Rule…