Commonwealth v. Marconi

OPINION OF THE COURT

LARSEN, Justice.

The issue raised by this appeal is whether a trial court must commence counting the 120-day limitation period for retrial set forth at Pa.R.Crim.P. Rule 11001 either from the date on which the trial court grants a new trial or declares a mistrial, with exclusions made for those days on which the case is pending on appeal, or from the date that all of the appeals are disposed of and the record is remanded from the appellate court.

The facts giving rise to this appeal are as follows. On May 31, 1983, appellant, Robert Marconi, was arrested and charged with…