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COMMONWEALTH PENNSYLVANIA v. THOMAS RAFFERTY (06/02/83)

submitted: June 2, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
THOMAS RAFFERTY, APPELLANT



No. 3097 PHILADELPHIA, 1981, Appeal from the judgment of sentence of June 3, 1977 in the Court of Common Pleas of Delaware County, Criminal at No. 1317, 588 of 1974.

COUNSEL

Brian S. Quinn, Havertown, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, Media, for Commonwealth, appellee.

Rowley, Wieand and Beck, JJ.

Author: Beck

[ 320 Pa. Super. Page 571]

Appellant, Thomas Rafferty, was convicted after a jury trial of escape from Delaware County Prison. On appeal, he contends that the Commonwealth violated his right to a

[ 320 Pa. Super. Page 572]

    speedy trial under Pa.R.Crim.P. 1100(a)(1).*fn1 We agree and accordingly vacate judgment of sentence and order appellant discharged on the matter under appeal.

Appellant was jailed in the Delaware County Prison on an assault and battery charge. On June 8, 1974, he escaped and on June 11, 1974, a criminal complaint was filed against him. He was apprehended on July 31, 1974 and then released on bail.

Trial on the escape charges was initially scheduled for January 22, 1975. Appellant did not appear. The record indicates, however, that he was not provided with notice.

Trial was continued until February 3, 1975. Appellant again did not appear and a bench warrant was issued the next day. Appellant was arrested on an unrelated robbery charge on March 20, 1975.

On April 29, 1975, he petitioned for disposition in lieu of trial or criminal punishment on the escape charges.*fn2 The lower court granted a rule returnable for May 16, 1975. The date for the rule returnable was then extended for reasons not satisfactorily explained until September 16, 1975 at which time appellant requested and was granted a fifteen day continuance.

On October 1, 1975, appellant moved to dismiss the charges against him resulting from the escape under Pa.R.Crim.P. 1100(f). Two days later, the lower court denied this motion and also appellant's petition ...


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