Commonwealth v. Collins

PRICE, Judge:

This appeal arises from denial in the court below of appellant’s motion in arrest of judgment and for a new trial following his conviction by a jury of aggravated assault1 and recklessly endangering another person.2 The sole issue on appeal is the propriety of the lower court’s denial of appellant’s pre-trial motion to dismiss based on the Commonwealth’s alleged failure to comply with Pa.R.Crim.P. 1100(a)(2).3 For the reasons set forth herein, we are compelled to agree that the court below erred, and we accordingly vacate the judgment of sentence and discharge appellant.

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