Commonwealth v. Erhart

The Majority concludes that appellant waived his claim under Rule 1100, Pa.R.Crim.P., 19 P.S. Appendix, because he failed to file written post-verdict motions pursuant to Rule 1123(a), Pa.R.Crim.P. 19 P.S. Appendix. I conclude that appellant’s counsel properly preserved the Rule 1100 contention by complying with Rule 1123(b). Accordingly, I find it *484necessary to reach the merits of appellant’s substantive claim. Because Rule 1100 was not violated in this case, I concur in the result reached by the Majority.

Before addressing the specific facts of this case, I will explain my conception of the…