Commonwealth v. Perry

Appellant contends that the lower court erred in granting the Commonwealth’s petition for extension of time pursuant to Pa.R.Crim.P. 1100(c). I agree and, accordingly, would reverse the judgment of sentence and order appellant discharged.

On July 26, 1977, the Commonwealth filed a criminal complaint against appellant, charging him with burglary and possessing instruments of crime. Thus, pursuant to Pa.R.Crim.P. 1100(a)(2), appellant’s trial should have commenced by January 23,1978.1 At a scheduled trial listing on October 26, 1977, appellant failed to appear, and a bench warrant was issued.…