No. 326 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Allegheny County, Criminal, at No. 7907254A.
Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.
Michael Kelly, Pittsburgh, for appellee.
Hester, McEwen and Johnson, JJ. Johnson, J., files a dissenting opinion.
[ 318 Pa. Super. Page 572]
We here review an appeal of the Commonwealth from an order of the Common Pleas Court of Allegheny County which dismissed certain charges against appellee by reason of the determination of the trial court that the trial of appellee had not commenced in accordance with the mandate of Rule 1100. We reverse.
The proceeding in which this appeal has been taken bears the caption of Allegheny County Criminal Action No. CC 7907254A, for which the factual chronology is as follows:
January 15, 1979 Appellant allegedly obtained from Joseph and Joan Harsch, as a result of a conspiracy with
[ 318 Pa. Super. Page 573]
Cora Bowser, the sum of $12,000 which he diverted to his own use.
February 15, 1979 Appellant allegedly obtained from Joseph and Joan Harsch, as a result of a conspiracy with Cora Bowser, the sum of $3,000 which he diverted to his own use.
April 23, 1979 Appellant is charged by the City of Pittsburgh Police Department with theft of service from the Hyatt House Hotel and conspiracy with Cora Bowser to commit such theft.
The Pittsburgh Police Department commences on that same date an unsuccessful search for appellant and his accomplice upon the Hyatt House charges.
May 13, 1979 The Pittsburgh Police Department requests the police department of Phoenix, Arizona, to search for appellant.
June 8, 1979 The office of the Sheriff of Maricopa County, Arizona, reports it is unable to locate appellant.
June 13, 1979 Pittsburgh City Police Department Detective G. Diulus testifies before District Justice W. Little that appellant cannot be found.
November 9, 1979 Appellant is returned in custody to Pennsylvania after his apprehension in Phoenix, Arizona, in late October.
November 14, 1979 The instant criminal complaint charging the theft of $12,000 by deception, the theft of $3,000 by deception and conspiracy to commit such theft is executed and lodged against appellant.
January 22, 1980 District Attorney of Allegheny County files an Information charging the specific offenses of theft by failure to make required disposition of the $12,000, theft by failure to make required disposition of the $3,000 and conspiracy to commit such theft.
April 3, 1980 The appellant makes Application to dismiss certain of the counts pursuant to Rule 1100. The court orders that the hearing upon the Application to dismiss be held at the ...