NOS. 2125 AND 2126 OCTOBER TERM, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Columbia County, at Nos. 144-1977 and 134-1979
Peter T. Campana, Williamsport, for appellant.
Elwood R. Harding, Jr., Assistant District Attorney, Bloomsburg, for Commonwealth, appellee.
Hester, Cavanaugh and Van der Voort, JJ. Cavanaugh, J., concurs in the result.
[ 299 Pa. Super. Page 450]
This is a consolidated appeal involving No. 144-1977, Columbia County, appealed at No. 2125 October Term 1979 and No. 134-1979, Columbia County, appealed at No. 2126 October Term 1979. The appeals are unrelated.
I. No. 2125 October Term, 1979.
Judge J. W. Myers, sitting without a jury, found appellant guilty of possession of marijuana and cocaine; and possession of marijuana with intent to deliver. After the denial of post-trial motions, appellant was sentenced to pay the costs of prosecution; to pay a fine of $2,000; and to undergo imprisonment for one to three years. He has filed this appeal, raising the four following arguments:
1. the case should have been dismissed upon Rule 1100(a)(2) as it was not brought to trial within 180 days after the filing of the complaint;
2. the evidence was insufficient to sustain the guilty verdicts;
3. the court improperly denied appellant's application for a representative sample of the alleged controlled substance for independent testing; and
[ 299 Pa. Super. Page 4514]
. Judge Myers improperly denied appellant's request to disqualify himself as trial judge.
Due to our resolution of appellant's first contention, we need not discuss his other three arguments at this time.
The complaint was filed on December 28, 1976. Under Rule 1100 the 180 day-period to bring appellant to trial expired on June 26, 1977. Trial commenced on March 15, 1978. On February 3, 1977, when the case was called for a preliminary hearing, appellant was represented by Attorneys Alan Ellis and ...