Commonwealth v. Gilberthorp

CERCONE, President Judge:

Appellant, Gary Lee Gilberthorp, Sr., takes this appeal from his conviction for driving under the influence of aleohol.*4051 In his brief, appellant raises but one issue—whether the lower court erred in granting the Commonwealth’s application for an extension of time for the commencement of trial pursuant to Pa.R.Crim.P. 1100(c). We have reviewed the record in the instant case and we agree with appellant’s position. Therefore, we reverse appellant’s conviction and discharge him.

On February 27, 1978, a criminal complaint charging appellant with driving under the influence…