Commonwealth v. St. Clair

GARDNER, P.J.,

This matter arises on defendant’s motion to dismiss, asserting a violation of Pennsylvania Rule of Criminal Procedure 1100 in that trial did not commence within the required period.

Counsel agrees as to the following relevant chronology:1

Complaint filed — March 9, 1984;

Defendant waived arraignment — September 14, 1984;

Defendant’s omnibus pre-trial motion filed — October 15, 1984;

“Run date” under Rule 1100 — September 5, 1984;

“Run date” as extended by excludable time — October. 31, 1984.

No application to extend the time for commencement of trial was filed by the Commonwealth, and…