Commonwealth v. Sheppard

HOFFMAN, Judge:

This appeal is from the order below granting the Commonwealth’s petition to vacate a prior order that had granted appellant’s motion to discharge the prosecution. Appellant contends that the trial court lacked jurisdiction to vacate the discharge order because the court did not act within the thirty day period required by 42 Pa.C.S.A. § 5505. For the reasons that follow, we agree, and, accordingly, reverse the order below and order appellant discharged.

Appellant was arrested and held for trial on charges arising from the theft of an automobile. Appellant’s case was listed for a…