Commonwealth v. Whittall

CAVANAUGH, Judge:

This case involves a Commonwealth appeal from a lower court order discharging appellee, Riehard L. Whittall, under Pa.R.Crim.P. 1100. For the following reasons, we reverse and remand.

The relevant facts are as follows: A criminal complaint charging appellee with attempted burglary,1 possessing instruments of crime,2 and criminal conspiracy3 was filed on May 8,1978. The run date, in accordance with Pa.R.Crim.P. *2611100, was November 4,1978.4 On November 14,1978, appellee entered an open guilty plea to these offenses before the Honorable Isaac S. Garb of the Bucks County Court…