Commonwealth v. Boyer

SPAETH, Judge:

This is an appeal from judgment of sentence for neglect to support a bastard child. 18 Pa.C.S. § 4323. This is the second time we have considered this appeal. The first time we remanded so that the lower court might appoint new counsel. Commonwealth v. Boyer, 277 Pa.Superior Ct. 82, 419 A.2d 671 (1980). New counsel was appointed, and he now argues, among other issues, that trial counsel was ineffective for failing to file an application for an order dismissing the charge on the ground that Pa.R.Crim.P. 1100 had been violated. We agree and therefore order appellant discharged.

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