Commonwealth v. Burton

HOFFMAN, Judge:

Once again, this Court must address an issue arising under Rule 1100, Pa.R.Crim.P., 19 P.S. Appendix: whether an accused may challenge the grant of an extension pursuant to Rule 1100(c) in post-trial motions and on appeal if he does not contest the grant of the extension during the hearing on that motion. We hold that the claimed violation was waived and, therefore, affirm the judgment of sentence.

A criminal complaint charging appellant with aggravated assault and related offenses was filed on March 28, 1975. 1 Therefore, unless the period was extended by op eration of Rule…