Commonwealth v. Wills

WIEAND, Judge:

The issue in this appeal is whether delay caused by a frivolous motion to dismiss on double jeopardy grounds is excludable for purposes of computing the one hundred and twenty (120) days within which a retrial must commence after a first trial has ended in a mistrial. 1 The trial court declined to exclude any time on account of such delay and dismissed drug charges because a second trial had not been commenced within one hundred and twenty (120) days after the first trial ended in a mistrial. The Commonwealth appealed. We reverse.

On March 2, 1985, a criminal complaint was filed…