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COMMONWEALTH PENNSYLVANIA v. JAMES STANGE (04/03/81)

filed: April 3, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
JAMES STANGE, APPELLANT



No. 2893 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Lackawanna County, Criminal Division No. 2095 of 1977.

COUNSEL

Edmund J. Scacchitti, Assistant Public Defender, Scranton, for appellant.

Ernest D. Preate, District Attorney, Scranton, for Commonwealth, appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Stranahan

[ 286 Pa. Super. Page 39]

On August 27, 1974, a criminal complaint was filed against James Stange, the appellant, charging him with robbery, theft and conspiracy. A fugitive warrant was issued since appellant's whereabouts were unknown.*fn1

On August 10, 1977, the District Attorney discovered the appellant's location for the first time. He was incarcerated in the Mercer County Jail, Trenton, New Jersey. A detainer was lodged against appellant on August 10, 1977.

Appellant refused extradition, so an extradition proceeding was conducted and the appellant was extradited. On November 4, 1977 the Commonwealth authorities were informed that the appellant was available to be returned to Pennsylvania.

He was returned to Lackawanna County and indicted on December 29, 1977. Trial was scheduled for January 25, 1978.

On January 25, 1978, the appellant applied for a trial continuance. At the time the appellant signed a written

[ 286 Pa. Super. Page 40]

    waiver of his right to a speedy trial under Pennsylvania Rules of Criminal Procedure 1100. The case was continued until the next term of criminal court which commenced March 28, 1978.

On March 17, 1978 defense counsel filed an application to quash the indictment alleging that 219 days had elapsed since arrest. (Date of detainer was August 10, 1977.) Commonwealth ex rel. Knowles v. Lester, 456 Pa. 423, 321 A.2d 637 ...


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