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COMMONWEALTH PENNSYLVANIA v. JOSEPH FRANCIS BORRIS (08/15/80)

filed: August 15, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH FRANCIS BORRIS, APPELLANT



No. 1302, 1303, 1304 April Term, 1978, Appeal from the Judgments of Sentence of the Court of Common Pleas of Fayette County, Criminal Division, Nos. 378, 378 1/2, 379, 379 1/2, 380, 380 1/3, 380 2/3, 381, 382, 383, 386, 387, 387 1/3, 387 2/3, 388, 389, 389 1/3, 389 2/3, 390, 390 1/2, 391, 391 1/2, 392, 392 1/2, 393, 393 1/4, 393 2/4, 393 3/4, 394, 394 1/2, 395, 395 1/2, 396, 397, 520, 520 1/2, 521, 521 1/4, 521 2/4, 521 3/4, 522, 522 1/4, 522 2/4, 522 3/4, 523, 524, 524 1/3, 524 2/3, 525, 525 1/2, 526, 526 1/2, 527, 527 1/2, 528, 528 1/2, 529, 529 1/4, 529 2/4, 529 3/4, 628, 628 1/2, 629, 629 1/2 all of 1975.

COUNSEL

Daniel G. Reilly, Uniontown, for appellant.

Gerald R. Solomon, District Attorney, Uniontown, for Commonwealth, appellee.

Price, Hester and Cavanaugh, JJ.

Author: Hester

[ 280 Pa. Super. Page 370]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Fayette County. For reasons discussed herein we strike the sentences entered below and grant appellant's petition to withdraw his guilty pleas.

On April 28, 1975 appellant was arrested and indicted on charges arising out of the infamous "Connellsville Police Cases".

After the lower court denied motions for a change of venue and to dismiss, appellant filed appeals with this Court. We (per Hoffman, J.) discharged appellant holding that the Commonwealth failed to bring him to trial within the period mandated by Pa.R.Cr.P. 1100. See Commonwealth v. Borris, 247 Pa. Super. 273, 372 A.2d 458 (1977).

Thereupon, the Commonwealth petitioned for allocatur. On August 8, 1977 by an unusual procedure, the Supreme Court via an order entered on the allocatur docket,*fn1 reversed

[ 280 Pa. Super. Page 371]

Judge Hoffman's decision and remanded the case to the Superior Court.

On remand, we affirmed per curiam, Commonwealth v. Joseph Borris, 247 Pa. Super. 273, 384 A.2d 983 (1978).

Thereafter, appellant petitioned for allocatur. However, before the allocatur petition was acted upon, appellant appeared before the lower court and entered pleas of guilty as to all cases against him; these cases being the same as are now awaiting disposition before the Supreme Court (on the issue of 1100 and venue). Approximately two months later appellant petitioned the lower court ...


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