No. 499 April Term, 1977, Appeal from the Order of the Warren County Court of Common Pleas, Criminal Division, at No. 33 of 1976 and No. 73 of 1976.
Joseph A. Massa, Jr., Warren, for appellant.
Samuel F. Bonavita, District Attorney, Warren, 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.
[ 254 Pa. Super. Page 289]
Appellant appeals from a denial of his application for dismissal pursuant to Pa.R.Crim.P. 1100 filed 185 days from date of his arrest. Appellant alleges the cause for delay was the trial court's ex parte order for investigation made after the trial court had refused to accept a plea bargain agreement, presented to it for approval.
The following procedural history of the case is established by appellant's brief and accepted by the Commonwealth: On January 1, 1976, a criminal complaint was filed against appellant on charges of contributing to the delinquency of a
[ 254 Pa. Super. Page 290]
Minor,*fn1 three charges of violations of the Liquor Control Laws,*fn2 and one count of simple possession of less than 30 grams of marijuana.*fn3
On February 26, 1976, at arraignment, appellant pled not guilty to all charges.
On April 12, 1976, appellant appeared in court with counsel for criminal jury selection, and the trial court was informed that a plea bargaining agreement had been arranged. The Court refused to accept the agreement, and directed the case off the criminal list so as to make its own investigation of the circumstances of the case, and the appellant's criminal record.
On July 16, 1976, appellant applied for dismissal under Pa.R.Crim.P. 1100 asserting that 185 days had passed from date ...