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COMMONWEALTH PENNSYLVANIA v. JOSEPH BYRD (03/09/84)

filed: March 9, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH BYRD, APPELLANT



NO. 228 PHILA. 1982, Appeal from the Judgment of Sentence in the Court of Common Pleas of Philadelphia County, Criminal No. 990, 991, 993, 994 August Term, 1981

COUNSEL

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

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

Spaeth, President Judge, and Cavanaugh and Hoffman, JJ.

Author: Spaeth

[ 325 Pa. Super. Page 327]

This is an appeal from a judgment of sentence for forgery, altered, forged or counterfeit documents and plates and attempted theft by deception. Appellant makes two arguments in support of his contention that his right to a

[ 325 Pa. Super. Page 328]

    speedy trial was violated. Because we find both arguments meritless, we affirm.

The complaint was filed on September 17, 1980. Therefore, under Rule 1100, the Commonwealth was required to bring appellant to trial by March 16, 1981. However, on August 5, 1981, by an order not challenged here, the time for trial was extended to December 21, 1981, and the case was listed for trial on October 16, 1981. Also on August 5, appellant was held for court and permitted to sign his own bail.

On October 14, 1981, appellant, who was in custody in the Philadelphia county prison on other charges, advised his prison social worker that his case was listed for trial on October 16. The social worker notified the Clerk of Courts Office of the Philadelphia Common Pleas Court of appellant's location and requested a "bringdown" so that on October 16 appellant would be transported from the county prison to court.

Despite the social worker's request, appellant was not transported to court on October 16, and a bench warrant was therefore issued. When it was learned at the bench warrant hearing that appellant had been in custody, the bench warrant was withdrawn. The Trial Commissioner then scheduled the case for January 7, 1982 (beyond the December 21, 1981, run-date), adding "EPD" (earliest possible date) below the new trial date on the court continuance sheet.

On November 12, 1981, the Commonwealth filed a petition under Rule 1100 to extend the time within which to commence trial. After hearing on the petition, the trial court excluded 13 days, on the ground of appellant's unavailability between October 16 and October 29; calculated an amended run-date of January 4, 1982;*fn1 and granted an extension permitting ...


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