Commonwealth v. Goldwire

CERCONE, President Judge:

The Commonwealth appeals from the order of the lower court that granted appellee-defendant’s post-trial motions and discharged defendant on the basis that his speedy trial rights under Pa.R.Crim.P. 1100 had been violated. We reverse the order of the lower court and remand for further proceedings.

Criminal complaints were filed against appellee on April 28, 1977 and May 6, 1977, charging him with robbery, conspiracy, assault, theft, and unauthorized use of an auto. According to Pa.R.Crim.P. 1100(a)(2), 1 the Commonwealth had to bring appellee to trial on these…