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COMMONWEALTH PENNSYLVANIA v. IRVING BUNDRIDGE (04/13/78)

decided: April 13, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
IRVING BUNDRIDGE, APPELLANT



No. 523 April Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Allegheny County, Criminal Division, on January 21, 1977 at Nos. 7503343A, 7503344A, and 7503537.

COUNSEL

John H. Corbett, Jr., and Lester G. Nauhaus, Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, and Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case. Jacobs, President Judge, and Hoffman and Spaeth, JJ., concur in the result.

Author: Per Curiam

[ 254 Pa. Super. Page 128]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Allegheny County, Criminal Division, by the defendant-appellant, Irving Bundridge, after conviction of indictments charging him with possession of heroin, firearms charges, possession of heroin and marijuana and of bribery and tampering with witnesses; and from the denial of post-trial motions.

[ 254 Pa. Super. Page 129]

The facts are succinctly stated by the trial court:

"On April 7, 1975, certain detectives of the Pittsburgh Police Force entered the apartment of the defendant in Pittsburgh with a search warrant. As a result of that visit, defendant was placed under arrest, and a complaint filed against him on the same day resulted in Indictment 7503344A charging him with receiving, violating the Firearms provisions of the Crimes Code, three counts of violating the Controlled Substance and Drug Act and Criminal Conspiracy. A second complaint was filed on April 9 (7503342A), which is not in issue for the reason that the resulting indictment was disposed of favorably to the defendant without being submitted to the jury. On April 9, 1975, a similar visit was paid to the apartment of the defendant and again, he was placed under arrest and a complaint filed against him on the same date which resulted in Indictment 7503343A charging him with two counts of violating the Controlled Substance and Drug Act and Criminal Conspiracy. Defendant was transported to the Public Safety Building of the City of Pittsburgh on April 9, 1975 and while walking from the patrol car to the building, allegedly made certain proposals to the officers which was the beginning of a series of incidents culminating in his arrest and the filing of a complaint against him on April 24, 1975 which resulted in Indictment 7503537 charging him with bribery and tampering with witnesses and informants."

The issues raised by this appeal are: (1) that the court below erred in refusing to dismiss under Pa.Rules of Crim. Pro. 1100 ; (2) that the court erred in holding that the defendant waived his right to assert Rule 1100; and (3) that the court erred in consolidating the drug and bribery charges for trial.

RULE 1100

The case had been called to trial and the parties were present. Voir dire had been completed and fourteen jurors selected and seated, ready to be sworn. At that time the defendant moved to quash, which we will treat as a motion to dismiss, all indictments by reason of failure to bring the

[ 254 Pa. Super. Page 130]

    defendant to trial within the 180-day requirement. There is conflict between the parties as to whether because of certain credits the 180 days passed but the court based its ...


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