Commonwealth v. Carson

The sole issue presented is whether the trial court abused its discretion by sua sponte dismissing all charges against appellee. The dismissal, resulting from the assistant district attorney’s nonappearance, occurred approximately thirty (30) minutes after the time for which trial was scheduled, 9:30 a.m. The reasons given by the trial court for the dismissal included the number of assistant district attorneys *494in Allegheny County and the court’s responsibility for disposing of its individual calendar in accordance with Pa.R. Crim.P. 1100.

In its motion for reconsideration, the Commonwealth…