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COMMONWEALTH PENNSYLVANIA v. ROBERT M. TAVIANINI (03/02/83)

submitted: March 2, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT M. TAVIANINI, APPELLANT



No. 692 Philadelphia, 1982, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Northampton County, No. 1197-1981.

COUNSEL

Leonard N. Zito, Bangor, for appellant.

John F. Spirk, Jr., Assistant District Attorney, Easton, for Commonwealth, appellee.

Cercone, President Judge, and Cavanaugh and Wieand, JJ.

Author: Wieand

[ 315 Pa. Super. Page 435]

Robert M. Tavianini was convicted of operating a motor vehicle at a speed of 95 miles per hour in violation of the 55 miles per hour speed limit established by the Vehicle Code, 75 Pa.C.S. § 3362(a)(2). After a post trial motion in arrest of judgment had been denied, Tavianini appealed to this Court contending that the district justice had violated Pa.R.Crim.P. 55-2(a) by failing to hold a trial within ten days after the entry of Tavianini's plea of not guilty. We affirm the judgment of sentence.

Pa.R.Crim.P. 55 is applicable to trials in summary cases following commencement of the action by issuing a citation. It provides as follows:

The issuing authority, upon receiving a plea of not guilty, shall:

1. Make note thereof upon the docket and fix a time certain for trial.

2. Notify the defendant and the police officer of the day and hour fixed for the trial as follows:

(a) If the defendant appears personally, the issuing authority shall set security and fix the day and hour for trial which shall be not less than three nor more than ten days after his appearance, unless extended for cause shown, or unless the issuing authority fixes

[ 315 Pa. Super. Page 436]

    an earlier date upon request of the defendant or his attorney with the ...


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