Commonwealth v. Fortune

HOFFMAN, Judge:

This is an appeal from the judgment of sentence for theft of a motorcycle license plate. Appellant contends that the Commonwealth did not prove that the trial dates scheduled after each continuance were the earliest possible trial dates consistent with the court’s business as required under Pa.R. Crim.P. 6013. Because we agree that there is no proof in the record that the trial date following the second continuance was the earliest possible date, we reverse and vacate the judgment of sentence.1

*467On July 12, 1983, appellant was arrested and charged with theft and receiving stolen…