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COMMONWEALTH PENNSYLVANIA v. LARRY PARNELL (02/26/86)

filed: February 26, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
LARRY PARNELL



Appeal No. 1647 Pittsburgh, 1984, from the Order of the Court of Common Pleas, Criminal Division, of Allegheny County, October 1984, Miscellaneous Docket No. 395; Robert E. Dauer, J.

COUNSEL

Daniel E. Fitzsimmons, Deputy District Attorney, Pittsburgh, for Com., appellant.

Raymond Radakovich, Pittsburgh, for appellee.

Rowley, Del Sole and Tamilia, JJ. Del Sole, J., files a dissenting opinion.

Author: Per Curiam

[ 351 Pa. Super. Page 262]

Order reversed. Case remanded for reinstatement of the Criminal Complaint. Jurisdiction relinquished.

Disposition

Order reversed. Case remanded for reinstatement of the Criminal Complaint. Jurisdiction relinquished.

DEL SOLE, Judge, dissenting:

I respectfully dissent and would affirm the decision of the trial court that the criminal complaint refiled on June 26, 1984, violated Appellee's Rule 1100 rights.

In Commonwealth v. Whiting, 509 Pa. 20, 500 A.2d 806 (1985), the Supreme Court of Pennsylvania stated:

Thus, where a prosecution is voluntarily terminated, and the record shows an attempt to manipulate or evade the requirements of Rule 1100, the speedy trial time period will be computed from the date of the original complaint. 500 A.2d at 808.

The Whiting court found that the record therein demonstrated that the Commonwealth's motion to dismiss was based on lack of ...


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