Commonwealth v. Hawk

DEL SOLE, Judge:

This is an appeal from a Judgment of Sentence entered following Appellant’s conviction of robbery, theft, receiving stolen property, simple assault, possessing an instrument of crime and unlawful restraint. We determine today that this sentence must be vacated and the underlying convictions reversed because Appellant’s constitutional right to a speedy trial was violated.

Appellant was arrested on March 28, 1984 and promptly incarcerated shortly after he robbed a restaurant employee at gunpoint. The 180 day mechanical run date for purposes of compliance with Pa.R.Crim.P. 1100…