Commonwealth v. Metzger

HOFFMAN, Judge:

The instant appeal presents only one issue: whether the lower court erred when it extended the period in which the Commonwealth was required to try the appellant. See Rule *1101100(c), Pa.R.Crim.P., 19 P.S. Appendix. We believe that the Commonwealth exercised due diligence and, therefore, we affirm the judgment of sentence.

On July 10, 1975, the Lancaster County District Attorney filed a complaint charging appellant with delivery of a controlled substance.1 Therefore, it had to try appellant no later than January 6, 1976. See Rule 1100(a)(2). On December 17, 1975, one hundred…