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COMMONWEALTH v. DRAKE (05/05/78)

May 5, 1978

COMMONWEALTH
v.
DRAKE, APPELLANT.



COUNSEL

Steven A. Morley, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Randolph L. Goldman, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Judgment of sentence affirmed. HOFFMAN and SPAETH, JJ., dissent. Appellant's failure to file a written application under Pa.R.Crim.P. 1100(f) should not be held a waiver of his claim. See, Commonwealth v. Yancey, Pa. Super. , 380 A.2d 880 (1977) (Dissenting Opinion by HOFFMAN, J.). WATKINS, former P.J., did not participate in the consideration or decision of this case.

19780505

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