No. 2240 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Common Pleas Court of Berks County, Criminal, at No. 79013001.
William R. Bernhart, Reading, for appellant.
Charles M. Guthrie, Jr., First Assistant District Attorney, Reading, for Commonwealth, appellee.
Cavanaugh, McEwen and Hoffman, JJ. Hoffman, J., concurs in the result.
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This appeal is taken from the judgment of sentence imposed after appellant was found guilty by a jury of burglary and theft and sentenced to a term of imprisonment of from one and one-half years to four years. Appellant argues that "the lower court erred in granting the Commonwealth's
[ 317 Pa. Super. Page 536]
petition to extend the time for trial . . . under Rule 1100." We affirm.
The record reflects the following chronology:
January 9, 1979 -- The complaint is filed against the defendant. Therefore, the 180 day period expires Sunday, July 8, so that the rundate is Monday, July 9, 1979.
April -- May, 1979 -- The Commonwealth alleges the case was scheduled for trial during the criminal jury trial weeks of these months and further alleges the case was not reached by reason of judicial delay.
June 4, 1979 -- The three week June criminal term commences and the trial of appellant is scheduled during the first week but is delayed until the second week, namely, June 11, since appellant was injured in a motorcycle accident.
June 11, 1979 through June 20, 1979 -- Counsel for appellant is engaged in the trial of other criminal cases so that his availability for trial of this case is restricted to the final two days of the June criminal term, namely, Thursday and Friday, June 21 and 22.
June 21, 1979 and June 22, 1969 -- The assistant administrator for the Berks County Court testified at the August 16, 1979, extension hearing that the trial could not have commenced on these dates since all of the judges were otherwise engaged in court business. As a result, the case was scheduled for the first day of the July term, namely, July 9, 1979, the actual rundate itself.
July 9, 1979 -- Counsel for appellant is on vacation and thereby unavailable until July 13, 1979. The Commonwealth files a petition ...