Commonwealth v. Colon

I believe that appellant should be discharged because the Commonwealth failed to exercise due diligence to bring him to trial within the period specified by Pa.R.Crim.P. 1100.

-1-

In addressing the Commonwealth’s argument that the appeal should be quashed for noncompliance with Pa.R. App.P. 2111(a), the majority states, “Had we not availed ourselves of the Commonwealth’s brief and the. record of the post-verdict motions hearing in the trial court, we would be unable to determine what appellant’s Rule 1100 argument is.” At 417. I disagree. It is true that, instead of using the heading,…