Commonwealth v. Leatherbury

OPINION OF THE COURT

ROBERTS, Justice.

The Commonwealth appeals from an order of the Superior Court, 269 Pa.Super. 194, 409 A.2d 431, which discharged appellee Michael Leatherbury, who had been convicted of simple assault and possession of an instrument of crime. The Superior Court granted relief on the ground that the Commonwealth had failed to bring appellee to trial within 180 days as mandated by Pa.R.Crim.Proc. 1100. Because the record establishes that the requirements of Rule 1100 have been satisfied we vacate the order of the Superior Court and remand the record to the Superior Court for…