Commonwealth v. Feeney

OPINION BY

BOWES, J.:

The Commonwealth appeals from the August 28, 2013 order affirming the dismissal of this action against Appellee Brian Feeney based upon the Commonwealth’s violation of Pa.R.Crim.P. 1013. As the trial court disregarded directly applicable Supreme Court precedent, we reverse.

On February 19, 2011, 1 Feeney was charged with driving under the influence of alcohol. At 7:00 p.m. on the day in question, Philadelphia Police Officer Dennis Johnson was in a marked cruiser stopped at the traffic light that controls the intersection of Harbison and Robbins Streets in Philadelphia.…