Commonwealth v. Tome

JACOBS, Judge:

In this case a petition for an extension of time in which to commence trial was filed by the Commonwealth pursuant to *244Pa.R.Crim.P. 1100(c) on October 17, 1975, five days before the 180 day period was to expire.1 On October 24, 1975, two days after the Rule 1100 period expired, a copy of the petition was mailed to the appellant. A hearing was held on October 31, 1975, and “after extensive argument” the petition was granted by the lower court and the time for trial was extended to no later than February 22, 1976.2 The lower court in its opinion attempts to justify the extension…