Commonwealth v. Wamsher

KELLY, Judge:

The Commonwealth appeals from an order dismissing burglary charges against appellee, Richard Edgar Wamsher, based upon the trial court’s determination that the Commonwealth had failed to exercise “due diligence” in bringing appellee to trial within 120 days of the withdrawal of appellee’s guilty plea, as required under the former version of Pa.R.Crim.P. 1100. We find that the run date under the new version of Rule 1100 was applicable in this case, and that it had not yet expired. We find alternatively that the Commonwealth had acted with “due diligence.” Consequently, we reverse.

F…