No. 497 April Term, 1978, Appeal from the Judgment of Sentence in the Court of Common Pleas of Erie County, No. 1424 of 1973, Criminal Division.
Jay S. Nedell, Erie, for appellant.
John H. Moore, Assistant District Attorney, Erie, for Commonwealth, appellee.
Price, Hester and Watkins, JJ. Price, J., files a dissenting opinion.
[ 271 Pa. Super. Page 475]
This is an appeal from the judgment of sentence of the Court of Common Pleas of Erie County.
Appellant, after a jury trial, was convicted of attempted burglary and loitering and prowling at night time. Post verdict motions were denied and a jail sentence of five to ten years was imposed.
Appellant asserts that he was denied his right to a speedy trial, as mandated by Pa.R.Cr.P. 1100(a)(1), thus requiring his discharge. We disagree and therefore will affirm the judgment of sentence.
The complaint herein was filed on July 11, 1973. The case was scheduled for trial on February 21, 1974. On that date, the Commonwealth was ready to proceed. However, defense counsel could not proceed because the case of another defendant he represented was called for trial the same day. Later that day, the entire jury panel was dismissed, thus making it impossible to select any more juries during the February trial term. Since Erie County's next trial term was in May, appellant's trial was rescheduled for May 15, 1974.
The run date, for Rule 1100 purposes, from the date the complaint was filed, was April 7, 1974.*fn1
On May 9, 1974, appellant filed a motion to dismiss under Rule 1100(f). The case was continued pending the outcome of appellant's motion. Defense counsel and the district attorney submitted a stipulation of facts regarding the motion on January 15, 1975. On January 20, 1975, appellant's motion was denied.
Appellant contends that since he was not tried within 270 days of the date the complaint was ...