Commonwealth v. Ashford

WIEAND, Judge:

Odell Ashford, Jr. was convicted by a jury of simple assault, a misdemeanor of the third degree. On appeal, he argues (1) that the evidence was insufficient to sustain the verdict, and (2) that his trial was not held timely as required by Pa.R.Crim.P. 1100. We agree that trial was not timely and, therefore, vacate the judgment of sentence.

Appellant and Barbara Lee Monyer became involved in an altercation at a gasoline service station on Lancaster Avenue in Reading, Pennsylvania. Considered in the light most favorable to the Commonwealth as verdict winner, the evidence discloses…