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COMMONWEALTH PENNSYLVANIA v. DANIEL KELLIE (02/01/80)

filed: February 1, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
DANIEL KELLIE, APPELLANT



No. 2018 October Term 1978 Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal Division at No. 6291 of 1976.

COUNSEL

Frank J. Marcone, Media, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, Media, for Commonwealth, appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Spaeth

[ 275 Pa. Super. Page 108]

This is an appeal from a judgment of sentence entered after a jury convicted appellant of simple assault.*fn1

1

Appellant first argues that he should be discharged because he was not tried within the period required by Pa.R.Crim.P. 1100.

On September 18, 1976, appellant was involved in a fight at a bar in Springfield Township, Delaware County. On September 20, one Michael Dimeglio signed a private criminal complaint against appellant before a District Justice. On September 22, the private complaint was approved by an Assistant District Attorney for Delaware County. On October 4, the complaint was filed and sworn to at the office of the District Justice and certified by him for issuance of an arrest warrant. On March 28, 1977, the Commonwealth petitioned for an extension of time, within which to bring appellant to trial. Appellant did not file an answer to this petition. On April 22, the lower court granted the Commonwealth an extension until September 29, 1977. On September 19, the Commonwealth again petitioned for an extension of time; again appellant did not file an answer. On October 14, the court granted an extension until January 31, 1978. On January 19, appellant petitioned to dismiss the case under Pa.R.Crim.P. 1100(f). The court denied the petition, and the trial commenced on January 24.

Pa.R.Crim.P. 1100(a)(2) states:

Trial in a court case in which a written complaint is filed against the defendant after June 30, 1974 shall commence no later than one hundred eighty (180) days from the date on which the complaint is filed.

Appellant argues that the complaint was "filed" on September 20, 1976, when Michael Dimeglio signed it before the District Justice. If ...


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