Commonwealth v. Baird

DISSENTING OPINION BY

BENDER, J.:

¶ 1 I must respectfully dissent, as I conclude that the trial court did not abuse its discretion in its application of Pa. R.Crim.P. 600. I agree with the Majority that a “defendant on bail who fails to appear at a court proceeding, of which he has been properly notified, is deemed unavailable from the time of that proceeding until he is subsequently apprehended -or until he voluntarily surrenders himself.” Majority Opinion at 260 (citing Commonwealth v. Cohen, 481 Pa. 349, 392 A.2d 1327, 1331 (1978)) (emphasis added). However, the Cohen Court emphasized that a…