Commonwealth v. Dunbar

This appeal arises from the denial of appellant’s Post Conviction Hearing Act1 (hereinafter PCHA) petition alleging the denial of his Pa.R.Crim.P. 1100 rights and the ineffectiveness of trial counsel in failing to file a motion to dismiss. For the following reasons, we reverse the order of the lower court.

Appellant was charged with manufacturing, delivering or possessing a controlled substance with an intent to deliver, and possession of an instrument of crime on August 28,1974. His trial took place on February 3, 1976, or 524 days later. Rule 1100 mandates that trial should have commenced no…