Commonwealth v. Madronal

On the particular facts of this case, I agree that the Commonwealth is entitled to a hearing so that it may examine witnesses, and contest the allegations and proof offered by the petitioner. I note, however, that contrary to the majority’s statement, the issue raised by the petitioner is not whether there was a violation of Pa.R.Crim.P., Rule 1100, but a violation of 19 P.S. § 881. Thus, on remand the lower court must decide the merits of the petitioner’s claim under 19 P.S. § 881 and the cases that have interpreted it. See Commonwealth v. Dwyer, 221 Pa.Super. 240, 289 A.2d 735 (1972).