Commonwealth v. Malgieri

OPINION BY

McCAFFERY, J.:

¶ 1 The Commonwealth of Pennsylvania appeals from an order which dismissed theft charges against Appellee, Laura Mal-gieri, because trial did not commence within 365 days after the filing of the complaint against Appellee. We conclude that the trial court abused its discretion in determining that the Commonwealth did not use due diligence in endeavoring to bring Ap- pellee to trial within the 365-day period specified in Pa.R.Crim.P. 600. Therefore, we reverse and remand for trial.

¶ 2 The procedural and factual background of this matter, as summarized from the trial…