No. 2175 October Term, 1978, Appeal from the Judgment of Sentence in the Court of Common Pleas of Delaware County, Criminal Division, No. 4988 of 1976.
Jonathan A. Briskin, Bryn Mawr, for appellant.
Sandra L. Gross, Assistant District Attorney, Media, for Commonwealth, appellee.
Price, Spaeth and Lipez, JJ.
[ 271 Pa. Super. Page 468]
After a jury trial, appellant was convicted of robbery,*fn1 possession of instruments of crime,*fn2 theft by unlawful taking,*fn3 and conspiracy.*fn4 Appellant's post-trial motions were denied, and he was sentenced to a term of imprisonment totaling from twenty-three to fifty-nine months.
Appellant raises numerous contentions on appeal,*fn5 one of which is that his right to a speedy trial under Pa.R.Crim.P. 1100*fn6 was violated. We are constrained to agree with appellant, and therefore vacate the judgment of sentence and order him discharged.*fn7
The pertinent facts are as follows. A written complaint was filed against appellant on July 23 1976, charging him with the robbery of the KYJ Bakery in Chester, Pennsylvania.
[ 271 Pa. Super. Page 469]
Trial was initially scheduled to begin on October 19, 1976, but the Commonwealth, with court approval, advanced this date to October 12, 1976. Due to the unavailability of courtrooms, the case was continued on October 12, with the new date for trial being set for November 22, 1976. Appellant filed an application with the court of common pleas for reconsideration of an order denying a previous suppression motion he had made. A rule was issued that same day staying all proceedings and scheduling a hearing for December 13. On November 22, a continuance to December 13 was granted at appellant's request. The Commonwealth notified the trial court on December 13 that it was unprepared to proceed with the hearing on appellant's application; the hearing was rescheduled to January 26, 1977. On December 16, 1976, the court continued appellant's trial date to February 1, 1977, and it also granted the Commonwealth's December 15 petition*fn8 to extend the run time under Rule 1100. The new run date established was February 4, 1977. Appellant was granted a continuance on February 1, and the case was continued to February 3. After a hearing on February 4, the Commonwealth's second petition to extend was granted, and the new run date established was March 4, 1977. On February 28, appellant requested another continuance and executed a waiver of his Rule 1100 rights until April 11;*fn9 trial was rescheduled to this latter date. Trial did commence
[ 271 Pa. Super. Page 470]
on that date, the 262nd day after the filing of the criminal complaint in this case.
Under the precept of Rule 1100, the Commonwealth had 180 days from the filing of the complaint, or until January 19, 1977, to bring appellant to trial, barring any periods of time excluded under section (d)*fn10 of the rule, or any extensions granted to the Commonwealth under section (c)*fn11 of the rule. Our review of ...