Commonwealth v. Erhart

VAN der VOORT, Judge:

The appellant, William C. Erhart, was charged with forgery and receiving stolen goods. Prior to trial, he moved for a dismissal of all charges, alleging a violation of Rule 1100 of the Pennsylvania Rules of Criminal Procedure. He claimed he had not been brought to trial within the required 180 day period mandated by the Rule. The Commonwealth answered the motion, claiming that appellant could not be located after the complaint was filed and thus to be deemed “unavailable” within the meaning of Rule 1100.

The lower court denied the appellant’s dismissal motion. At trial on…