Commonwealth v. Fisher

ROBERTS, Judge:

Four hundred forty-four days after filing the complaint, the Commonwealth brought appellant Nathan Fisher to trial. At issue is whether trial was timely under the 180 day rule of Pa.R.Crim.P. 1100(a)(2). It is agreed that 193 days are excludible under Pa.R.Crim.P. 1100(d)(1) because during that time the trial court found appellant incompetent to stand trial. For 212 days, however, the court adjudged appellant competent to stand trial, but committed appellant *372to a mental health care facility for treatment. We must decide whether the period during which appellant was competent…