Commonwealth v. Favors

HOFFMAN, Judge:

The issues presented by this appeal are (1) whether the filing of a Commonwealth petition to extend tolls the running of the Rule 1100 period; and (2) whether appellant acquiesced in the extension of the period in this case. We hold that filing the petition does not toll the 180-day period and, accordingly, reverse and remand for an evidentiary hearing on the issue of appellant’s acquiescence in the extension.

On March 12, 1977, a criminal complaint was filed against appellant. Thus, the original Rule 1100 run date was September 8, 1977. Appellant, however, agreed to waive his…