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COMMONWEALTH PENNSYLVANIA v. DANIEL J. DIPIETRO (01/11/80)

filed: January 11, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
DANIEL J. DIPIETRO, APPELLANT



No. 73 October Term 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Delaware County, Pennsylvania, Criminal Division, at No. 1143-1349 September Sessions, 1974

COUNSEL

Carmen P. Belefonte, Media, for appellant.

Guy A. Messick, Assistant District Attorney, Media, for Commonwealth, appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Sugerman

[ 274 Pa. Super. Page 338]

Appellant was tried by a jury and convicted on December 18, 1975 of a series of violations of The Vehicle Code*fn1 involving the possession and sale of twenty-two stolen motor vehicles.*fn2 Post-trial motions were timely filed and ultimately dismissed by comprehensive opinion of the court below, and thereafter, Appellant was sentenced upon all indictments to a term of imprisonment of not less than two years nor more than 59 months, and to a consecutive term of probation of not less than two nor more than five years.

Appellant now appeals from that judgment of sentence and advances six issues for our consideration. We have examined each of the issues so raised and find that only one merits discussion.*fn3

[ 274 Pa. Super. Page 339]

Appellant contends that the procedural aspect as set forth in the record mandated a dismissal of the charges against him under the provisions of Pa.R.Crim.P. 1100. We briefly recite the procedural history underlying Appellant's contention.

A written complaint was filed against Appellant on April 10, 1974, alleging the instant violations of The Vehicle Code. Appellant was afforded a preliminary hearing on July 24, 1974, and was bound over for action of the grand jury. Appellant was thereafter indicted by a grand jury on October 17, 1974. As the complaint against Appellant was filed prior to July 1, 1974, Appellant's trial should have commenced no later than 270 days from the date the complaint was filed, or January 4, 1975. Pa.R.Crim.P. 1100(a)(1).

On November 7, 1974, the Commonwealth filed an Application to extend the time for commencement of trial, contending that notwithstanding the exercise of due diligence, the Commonwealth was unable to bring Appellant to trial on or before January 4, 1975, the run date, as

". . . There are not sufficient trial dates, judicial manpower, or court room space available to try the case in addition to cases already scheduled for the same time period."

Appellant filed an answer to the Commonwealth's Application for an extension, denying the material allegations thereof and opposing any extension beyond the 270-day ...


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