Commonwealth v. Webb

I agree with Judge HOFFMAN’s conclusions that an affirmance by an evenly divided court is not a final ruling on the merits of an issue, and that the evidence offered by the Commonwealth in support of its argument that appellant was unavailable during the period between the filing of the complaint and his arrest was insufficient to warrant our holding that period excludable under Pa.R.Crim.P., Rule 1100(d)(1). Given these conclusions, however, the question remains whether we should remand for further hearing. See Commonwealth v. Hinton, 269 Pa.Super. 43, 57, 409 A.2d 54, 61 (1979) (SPAETH, J.,…