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.
Nancy Wasser, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.
Mary Willmann, Assistant Public Defender, Philadelphia, for appellee.
Hester, Wickersham and Lipez, JJ.
[ 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
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
District Attorney's Office that
appellee was in custody in Washington.
Richard di Benedetto, in charge of the
district attorney's Extradition
Detective Groat and was ...