Commonwealth v. Fooks

POPOVICH, Judge:

This is an appeal by the Commonwealth from the order of the Court of Common Pleas of Philadelphia County discharging the appellee, Gary F. Fooks, for violation of Pa.R. Crim.P. 1100. We reverse.

The facts with which we need to be concerned start with the Commonwealth’s filing of its petition to extend the trial date of Mr. Fooks on September 19, 1984, which was two days after the mechanical run-date under Rule 1100 had expired. 1

Of equal interest here is the fact that on September 9, 1984, after informal discovery was completed, the court below scheduled a half-day bench trial…