Commonwealth v. Stabler

PRICE, Judge:

This is an appeal by the Commonwealth of an order by the court below denying the Commonwealth’s application for an extension of time for commencement of trial and discharging the defendant. For the following reasons, we vacate the order of the court below and remand the case to the lower court.

The defendant was charged with various offenses by a complaint filed on October 6, 1975. Under the mandate of Pa.R.Crim.P. 1100(a)(2), 1 the Commonwealth was required to bring the defendant to trial by April 3, 1976. On April 2, 1976, the Commonwealth, pursuant to Pa.R.Crim.P. 1100(c), 2…