Commonwealth v. McCutcheon

SPAETH, President Judge:

This is an appeal from judgment of sentence for driving under the influence of alcohol. 1 Appellant argues that the trial court improperly granted the Commonwealth’s petition for an extension of time under Pa.R.Crim.P. 1100. We agree and therefore reverse the judgment of sentence and discharge appellant. 2

The criminal complaint was filed on March 1, 1982. After a preliminary hearing on April 6, 1982, appellant was held over for court. A member of the District Justice’s staff misfiled the papers on appellant’s case; instead of transmitting them to the County Clerk of…