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COMMONWEALTH PENNSYLVANIA v. DALE RICHEY (03/31/77)

SUPERIOR COURT OF PENNSYLVANIA


decided: March 31, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
DALE RICHEY, APPELLANT

Appeal No. 661 April Term, 1976, from the Order dated March 4, 1976, of the Court of Common Pleas, Criminal Division of Fayette County at Nos. 538, 544 and 585 of 1975; ADAMS, Judge.

COUNSEL

Charles C. Gentile, Uniontown, for appellant.

Conrad B. Capuzzi, District Attorney, Uniontown, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., dissents.

Author: Hoffman

[ 247 Pa. Super. Page 275]

Appellant contends that he is entitled to have the charges against him dismissed pursuant to Rule 1100(f), Pa.R.Crim.P., 19 P.S. Appendix. We agree.

The instant case is one of several appeals arising from the "Connellsville Police cases" in Fayette County. See Commonwealth v. Mancuso, 247 Pa. Super. 245, 372 A.2d 444 (filed March 31, 1977; J. 1682/83 1976; Commonwealth v. Borris, 247 Pa. Super. 276, 372 A.2d 459 (filed March 31, 1977); Commonwealth v. Mancuso, 247 Pa. Super. 266, 372 A.2d 454 (filed March 31, 1977; J. 1685 1976). The factual history has been set forth in Commonwealth v. Mancuso, supra, (J. 1685 1976), in which we ordered the charges against the appellants dismissed because the Commonwealth's February 9, 1976 petition to extend was not timely. See Commonwealth v. Shelton, 469 Pa. 8, 364 A.2d 694 (1976); Commonwealth v. O'Shea, 465 Pa. 491, 350 A.2d 872 (1976); Commonwealth v. Woods, 461 Pa. 255, 336 A.2d 273 (1975). Therefore, based on our holding in Commonwealth v. Mancuso, supra, (J. 1685 1976), we order that the charges against the appellant be dismissed with prejudice.

19770331

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