Commonwealth v. Levitt

CERCONE, President Judge:

Following a non-jury trial, appellant was convicted of burglary and acquitted of attempted theft. Post-verdict motions were denied, and appellant was sentenced to ten to twenty-three months in prison. Because the Commonwealth has failed to prove due diligence in accordance with the mandate of Pa.R.Crim.P. 1100(c), appellant must be discharged.

This case involves a complicated set of facts, which must be identified in order to resolve appellant’s claim that the court below erred in extending the time for trial under Pa.R.Crim.P. 1100(c). On November 10, 1977, two…