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COMMONWEALTH PENNSYLVANIA v. CLARENCE ROBINSON (02/16/79)

decided: February 16, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
CLARENCE ROBINSON, APPELLANT



No. 1151 October Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County, imposed on Bill of Indictment Nos. 550 and 553, February Session, 1976.

COUNSEL

Harry S. Tischler, Assistant Public Defender, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

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

Author: Hester

[ 263 Pa. Super. Page 331]

Appellant was tried and convicted of robbery. After Post-Trial Motions were denied, appellant was sentenced to a term of 7-15 years in jail. This appeal follows.

Appellant contends on this appeal that the lower court erred in refusing to dismiss the indictment against him pursuant to Pa.R.Cr.P. ยง 1100(f). We agree and therefore reverse the judgment of sentence and discharge the appellant.

Appellant was arrested January 14, 1976. Therefore, pursuant to Rule 1100, the Commonwealth had until July 12, 1976 to bring appellant to trial, in absence of any extensions of time.

On January 21, 1976, the preliminary hearing was continued on request of appellant's co-defendant's counsel.

On March 24, 1976, trial was continued at the request of appellant's co-defendant's counsel.

On April 17, 1976, trial was continued because appellant's co-defendant was ill.

[ 263 Pa. Super. Page 332]

On June 24, 1976, trial was continued because it was not reached at ...


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