No. 1220 Philadelphia 1981, Appeal from the Order of the Court of Common Pleas, Criminal Division of Philadelphia at No. 81-03-587-93.
Garold E. Tennis, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.
Peter Rosalsky, Assistant Public Defender, Philadelphia, for appellee.
Wickersham, Watkins and Montgomery, JJ.
[ 327 Pa. Super. Page 298]
On April 14, 1981, Judge Richard B. Klein, Philadelphia Court of Common Pleas, presided over a Rule 1100 hearing, and denied the Commonwealth's "Petition for Extension under Rule 1100," as being untimely filed and granted appellee's "Motion to Dismiss under Rule 1100." The Commonwealth has appealed. We reverse.
A review of the entries in the Quarter Session file reflects the following chronology:
9/18/80: criminal complaint filed.
12/15/80: appellee arrested. Preliminary hearing scheduled for 12/24/80.
12/24/80: complainant failed to appear. Preliminary hearing continued to 1/7/81.
1/7/81: complainant failed to appear. Must be tried Commonwealth. Preliminary hearing continued to 1/22/81.
1/22/81: complainant failed to appear. Must be tried. Preliminary hearing ...