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COMMONWEALTH PENNSYLVANIA v. CHARLES JOSEPH OELER (10/02/86)

filed: October 2, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
CHARLES JOSEPH OELER, APPELLEE



Appeal from the Order of the Court of Common Pleas, Allegheny County, Criminal Division, at No. CC 8504193.

COUNSEL

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.

Gary G. Gentile, Pittsburgh, for appellee.

Brosky, Montgomery and Hester, JJ.

Author: Brosky

[ 357 Pa. Super. Page 282]

This appeal is from the order granting appellee's petition for writ of habeas corpus and dismissing the case against appellee.*fn1

Appellant, the Commonwealth, contends that: (1) the court below erred when it ruled that the complaint against appellee was not timely filed; and (2) even if the complaint was not timely filed, the complaint should not have been dismissed because appellee did not show any prejudice to his rights resulting from the untimely filing.

We agree with the Commonwealth's first contention and, accordingly, reverse the order of the court below and reinstate the complaint against appellee.

On February 23, 1985, appellee was arrested for driving under the influence. Appellant was then released from custody. A complaint was filed against appellee on February

[ 357 Pa. Super. Page 28328]

, 1985. On April 12, 1985, a preliminary hearing was held before a district magistrate. At that time, appellee moved to dismiss the complaint on the basis that it was untimely filed under Pa.R.Crim.P. 130(d). The district justice denied the motion and held appellee for court. After the Commonwealth charged appellee by information with the offense of driving under the influence, he filed, on May 2, 1985, a motion for a writ of habeas corpus. A hearing was held on May 8, 1985, at which time the court below granted appellee's motion on the basis that the complaint had been untimely filed under Pa.R.Crim.P. 130(d). This appeal timely followed.

The Commonwealth first argues that the court below erred when held that the complaint had been untimely filed. Pa.R.Crim.P. ...


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