Commonwealth v. Harris

HOFFMAN, Judge.

Appellant contends that the Commonwealth violated Rule 1100(c), Pa.R.Crim.P., 19 P.S. Appendix, by not petitioning for an order extending the time for commencement of trial before the expiration of the 180 day period mandated by Rule 1100(a) (2). We agree and, therefore, order that appellant be discharged.

On August 12, 1975, York County officials filed a written complaint charging appellant with burglary, 1 theft, 2 and receiving stolen property. 3 Appellant was arrested the same day. A preliminary hearing was scheduled for August 21, 1975, but appellant requested and received…