Commonwealth v. Montevecchio

TAMILIA, Judge:

Appellee was originally charged with five counts of burglary and related offenses and possession of cocaine with intent to deliver. A motion to dismiss on the part of appellee, under Pa.R.Crim.P. 1100, was granted by the court from which the Commonwealth appeals.

Although some five continuances and/or specific Rule 1100 waivers were entered into by appellee during the course of the two and one-half (2V2) year period between appellee’s arrest and the granting of appellee’s motion to dismiss, the only waiver at issue is the one dated September 8, 1984. The trial court found that…