No. 929 October Term, 1978, Appeal from Judgment of Sentence of Davis, J., Dated January 23, 1978, in the Court of Common Pleas of Montgomery County, Pennsylvania, Criminal Division at No. 3334 July Term, 1975.
Joseph W. Lonergan, Norristown, for appellant.
Robert A. Selig, Assistant District Attorney, Norristown, submitted a brief on behalf of the Commonwealth, appellee.
Van der Voort, Watkins and Montgomery, JJ.
[ 272 Pa. Super. Page 398]
This is an appeal from the judgment of sentence of the Court of Common Pleas of Montgomery County, Criminal Division, by the defendant-appellant, Robert Vagnoni, after conviction by a jury of violating 18 Pa.C.S.A. 4323(a) -- failure to support a bastard child. The case was tried by Senior Judge Fred Davis sitting specially in Montgomery County. Posttrial motions were denied and another Judge not the trial judge sentenced him.
The complaint was filed June 9, 1975. The appellant was charged with violating 18 Pa.C.S.A. 4323(a). On September 24, 1975, the Grand Jury of Montgomery County indicted the defendant charging him with the aforementioned crime. On November 19, 1975, the Commonwealth filed a petition to extend the time for commencement of trial. On November 28, 1975, the petition was argued before the Honorable Richard S. Lowe.
On that date, Judge Lowe, entered the following Order:
"And now, this 28th day of November, 1975, upon consideration of written motion, this matter as against the defendant is dismissed with prejudice.
On the same day, defense counsel received notice to appear for trial on December 2, 1975. On December 3, 1975, the case was called to trial before the Honorable Fred Davis. A discussion occurred culminating in the attorneys being directed to seek clarification from Judge Lowe as to his intention in entering the Order of November 28th.
Judge Lowe then entered the following order:
[ 272 Pa. Super. Page 399]
"And now, December 3, 1975, the above Order is hereby clarified so as to make clear the intention of the Court that the dismissal is predicated upon the failure of the Commonwealth to bring the defendant to trial within 180 days mandated by Rule 1100. It was not ...