Commonwealth v. Brant

I dissent. Here, appellant does not allege any time is properly excludable under Rule 1100(d), but rather attacks the validity of two orders of the court granting the Commonwealth’s applications for extensions of time to commence trial, Rule 1100(c).1 The first such application was *143timely filed2 on the 180th day and appellant’s answer opposing such motion followed shortly thereafter. At a hearing on the application held November 4, 1977, it was established the defense had requested two continuances, while the Commonwealth had requested one continuance due to the unavailability of witnesses.…