Commonwealth v. Porter

JACOBS, Judge:

Appellant appeals from his conviction of burglary alleging that the trial court erred in denying his motion to dismiss the indictment because Pa.R.Crim.P. 1100 had been violated. We agree and, therefore reverse appellant’s conviction and order that he be discharged.

On October 8, 1975, a complaint was filed against appellant charging him with burglary, theft, and receiving stolen property. Pa.R.Crim.P. 1100(a)(2) requires that “[t]rial in a court case in which a written complaint is filed . shall commence no later than one hundred eighty (180) days from the date on which the…