Commonwealth v. Ramos

DISSENTING OPINION BY

KLEIN, J.:

¶ 1 I respectfully dissent. A preliminary hearing should be held within ten days of the arraignment under Pa. R.Crim.P. 540(F)(1). After the first listing on May 22, 2003, the preliminary hearing in this case was repeatedly continued until March 24, 2004, a period not of ten days, but of 329 days. The Commonwealth claims there was nothing it could do about this, blaming the delay on the trial court calendar. Yet, this scheduling problem would not have exceeded the run date had *1105the Commonwealth not already continued the case twice before. The Commonwealth…