Commonwealth v. Alston

BROSKY, Judge:

Following appellant’s conviction on charges of robbery and possession of instruments of crime, Alston’s post-verdict motions were denied. An appeal of that denial came before us, and we affirmed on all issues except that concerning Pennsylvania Rule of Criminal Procedure 1100, hereinafter Rule 1100, Commonwealth v. Alston, 266 Pa.Super. 18, 402 A.2d 1056 (1979). We remanded to the trial court for an evidentiary hearing on the Rule 1100 question. The lower court held for the Commonwealth at the evidentiary hearing, and this appeal followed. We disagree and reverse.

The facts…