Commonwealth v. Reiss

HOFFMAN, Judge:

Appellant contends that the lower court erred in: granting the Commonwealth’s petition for an extension of time for the commencement of trial under Pa.R.Crim.P. 1100(c); and, alternatively, admitting evidence of a photographic identification by a Commonwealth witness. For the reasons that follow, we reverse and remand for a new trial.

I

Appellant was arrested on June 29, 1978, pursuant to a complaint filed on June 27, 1978. Consequently, under rule 1100(a), appellant’s trial should have commenced on or before December 26, 1978.1 Following three brief defense-requested…