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COMMONWEALTH PENNSYLVANIA v. ALBERT E. FUCHS (02/19/88)

filed: February 19, 1988.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
ALBERT E. FUCHS



Appeal From the Order Entered in the Court of Common Pleas of Erie County, Criminal Division, No. 437 of 1984.

COUNSEL

Andrea F. McKenna, Assistant Deputy Attorney General, Harrisburg, for Com., appellant.

Dennis G. Kuftic, Edinboro, for appellee.

Rowley, Del Sole and Montgomery, JJ.

Author: Rowley

[ 372 Pa. Super. Page 501]

This is an appeal from the trial court's order denying the Commonwealth's Motion to Extend Time for Commencement of Trial pursuant to Pa.R.Crim.P. 1100 and granting defendant's Petition to Dismiss.

On February 23, 1984, a criminal complaint was filed by the Pennsylvania Attorney General's Office ("the Commonwealth") in the Court of Common Pleas of Erie County,

[ 372 Pa. Super. Page 502]

Criminal Division,*fn1 against the defendant, Albert Fuchs, charging him with violations of the Solid Waste Management Act, 35 Pa.S. sections 6018.101-701. Following a preliminary hearing on March 23, 1984, defendant was bound over for trial.

On June 13, 1984, defendant filed pretrial motions which alleged, inter alia, that the criminal provisions of the Solid Waste Management Act were unconstitutional. The case was scheduled for trial during the July 1984 term. On July 12, 1984, an application for continuance was filed by defendant. With the defendant's consent and by order of court, the time for commencing trial on the pending charges was extended until October 31, 1984. The original rundate under Rule 1100 had been August 21, 1984.

On August 29, 1984, following argument, the trial court found the relevant portions of the Solid Waste Management Act violative of both the state and federal constitutions and dismissed all charges against defendant. On September 21, 1984, the Commonwealth filed a timely appeal from this order.

On October 9, 1986, our Supreme Court entered an order reversing the trial court's decision and remanding the case for further proceedings. The record was remanded to the trial court on October 27, 1986.

On November 26, 1986, defendant filed a petition for writ of certiorari with the United States Supreme Court. The Commonwealth filed a brief in opposition to the petition on December 24, 1986. On December 30, 1986, defendant withdrew his petition.

On February 4, 1987, the Commonwealth filed a Motion to Extend Time to Commence Trial. On February 13, 1987, a hearing was held on this motion. At that time, defendant petitioned the trial court for dismissal of the charges pursuant to Rule 1100. Finding that the ...


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