Commonwealth v. Welsh

DEL SOLE, Judge.

This is an appeal of a judgment of sentence following the non-jury trial of Appellant, Royce Welsh, who was convicted of the crime of escape because of his failure to return to a half-way house after he was given a temporary pass to visit his family.

Mr. Welsh contends on appeal that the court erred in denying his pre-trial motion to dismiss due to the violation of Pa.R.Crim.P., Rule 1100, 42 Pa.C.S.A. We agree and therefore need not address the other issues raised.

Appellant was charged by written complaint with the crime of escape on February 21, 1986. He was not apprehended…