No. 2139 October Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, at No. 4124 September, 1975.
John G. McDougall, Philadelphia, for appellant.
D. Michael Emuryan, Assistant District Attorney, Media, for Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Cercone, President Judge, concurs in the result. Hester, J., files a dissenting statement. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 264 Pa. Super. Page 155]
Appeal is taken from Judgment of Sentence rendered following non-jury trial and adjudication of guilty to charges of theft, criminal conspiracy, and unauthorized use of a motor vehicle.*fn1 Post-trial motions were made and denied. Therefrom, one issue relative to Pa.R.Crim.P. Rule 1100 is preserved and argued for our consideration.
Relevant facts are that the Commonwealth, within the period allowed for commencement of trial in Pa.R.Crim.P. Rule 1100(a), petitioned for an extension of time, as provided by Rule 1100(c). The Commonwealth alleged that undue
[ 264 Pa. Super. Page 156]
delay was caused by grand jury proceedings in this case, as well as the court's difficulties in scheduling for trial. Consequently the Commonwealth asked for an extension of time for commencement of trial. Appellant filed no answer. The matter came on for hearing, and we reproduce the entire proceedings:
Before Hon. Francis J. CATANIA, J.
MR. McDOUGALL [Defense Counsel]: May it please the Court, Commonwealth versus Frank Damanskis, ...