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COMMONWEALTH PENNSYLVANIA v. RODNEY WILLIAMS (01/23/81)

filed: January 23, 1981.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
RODNEY WILLIAMS



No. 621 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Criminal Trial Division, March Session 1978, Nos. 1517-1518.

COUNSEL

Nancy Wasser, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Mary Willmann, Assistant Public Defender, Philadelphia, for appellee.

Hester, Wickersham and Lipez, JJ.

Author: Lipez

[ 284 Pa. Super. Page 127]

Appellee was found guilty, after a non-jury trial, of simple assault*fn1 and robbery.*fn2 The trial court granted appellee's motion in arrest of judgment on the grounds that his constitutional right to a "speedy trial," as delineated by Pa.R.Crim.P. 1100,*fn3 was violated. The Commonwealth appeals, and we reverse.

The armed robbery with which appellee was charged was committed on August 31, 1976. Following is a chronology, taken from the record, of the events relevant to this appeal:

1 September 1976 Appellee was arrested in Washington, D.C.,

     on charges unrelated to the instant case.

14 September 1976 Detective Robert Groat, of the District of

Columbia Metropolitan Police Department,

     informed the Philadelphia

     police, by telephone,

     that, on the basis of the evidence

     seized when appellee was arrested, he

(Groat) suspected appellee's involvement

     with the Philadelphia robbery of 31 August.

13 December 1977 The Commonwealth of Pennsylvania formally

     requested custody of appellee under the

Interstate Agreement on Detainers.*fn4

13 October 1976 Appellee told Detective Groat that he had

     committed the Philadelphia robbery.

The Philadelphia police informed

     the Philadelphia

District Attorney's Office that

     appellee was in custody in Washington.

Richard di Benedetto, in charge of the

     district attorney's Extradition

Unit, telephoned

Detective Groat and was ...


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