Commonwealth v. Mott

I respectfully dissent.

Appellant, Terry Mott, was convicted of rape on May 17, 1976 following a nonjury trial. New counsel entered his appearance for post-verdict motions and raised inter alia, the issue of trial counsel’s ineffectiveness for failing to petition for dismissal of the charge under Pa.R.Crim.P. 1100 (Rule 1100). Post-verdict motions were denied, and, on October 13, 1976, Mott was sentenced to a prison term of two to ten years. On appeal to this court in February 1978, we vacated the judgment of sentence and remanded for an evidentiary hearing on the question of trial counsel’s…