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COMMONWEALTH PENNSYLVANIA v. MARK YANT (01/06/83)

submitted: January 6, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
MARK YANT, APPELLANT



NO. 2835 PHILADELPHIA, 1981, Appeal from the Judgment of Sentence of October 23, 1981, In the Court of Common Pleas of Philadelphia County, Criminal Division at No. 1682-84, 1686 February Term, 1980

COUNSEL

Elaine G. DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Beck and Johnson, JJ. Spaeth, J., concurs in the result.

Author: Per Curiam

[ 314 Pa. Super. Page 444]

Once again we are asked to determine whether the Commonwealth has conformed to the requirements of Pa.R.Crim.P. 1100, which is designed to guarantee criminal defendants a speedy trial by imposing a 180 day limit on the time between the complaint is filed and the accused's trial is held. Appellant Mark Yant was convicted of burglary and other charges at a trial held on October 17, 1980, and he was given a probationary sentence. He claims that the Commonwealth violated Rule 1100, and that he is entitled to discharge.

The dates relevant to this appeal are as follows:

Jan. 20, 1980 Complaint filed.

Jan. 30 Preliminary Hearing scheduled; Commonwealth re-

     quests continuance until February 20.

Feb. 20 Preliminary Hearing held.

Mar. 5 Arraignment.

Apr. 25 First listing for trial; Yant in custody for another of-

     fense and no order for bringdown issued.

Jun. 20 Second listing for trial; case marked "Ready, not

     reached" and continued to August 7.

Jun. 25 Commonwealth files timely Petition to Extend.

Jul. 18 End of 180 day run date from ...


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