Commonwealth v. Shearer

HOFFMAN, Judge:

Because we believe that the lower court erred in denying appellant’s Rule 1100(f)1 application, we vacate the judgment of sentence and order appellant discharged.

*572In Commonwealth v. Shelton, 469 Pa. 8, 364 A.2d 694, 696 (1976), our Supreme Court stated: “Rule 1100 mandates the commencement of trial within a specifically defined period of time. It provides for two exclusions from the computation of the mandatory period. Pa.R.Crim.P. 1100(d).[2] Whether or not circumstances exist in any given case which warrant excluding certain periods of time pursuant to section (d) is to be…