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COMMONWEALTH PENNSYLVANIA v. WILLIAM SWEENEY. COMMONWEALTH PENNSYLVANIA (07/14/88)

filed: July 14, 1988.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
WILLIAM SWEENEY. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. KURT HECKER. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. JOHN HARTUNG. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. JOHN MATTERO. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. JOSEPH MALLON



Consolidated appeals from the order of July 10, 1987, by the court of Common Pleas of Delaware County denying motions for extension of time and dismissing charges at No. 6116 of 1984, No. 6117 of 1984, No. 6118 at 1984, No. 6119 of 1984, and No. 6120, of 1984, and discharging all defendants.

COUNSEL

Robert A. Graci, Deputy Attorney General, Media, for Com., appellant.

Steven C. Leach, Assistant Public Defender, Media, for Sweeney, appellee (at 2104).

William A. George, Media, for Hecker, appellee (at 2105).

James P. McHugh, Media, for Hartung, appellee (at 2106).

Arthur T. Donato, Jr., Media, for Mattero, appellee (at 2107).

Robert A. Auve, Ridley Park, for Mallon, appellee (at 2108).

Rowley, Wieand and Montemuro, JJ.

Author: Rowley

[ 376 Pa. Super. Page 478]

These consolidated appeals by the Commonwealth are from the trial court's order dated July 10, 1987, denying appellant's application for an extension of time for the commencement of trial pursuant to Pa.R.Crim.P. 1100 and granting the appellees' petitions to dismiss. We reverse.

Although no trial has yet been held, this is the second time these cases have been before our Court on appeal by the Commonwealth. On October 11, 1984, criminal complaints were filed against appellees, Sweeney, Hecker, Hartung, Mattero and Mallon, by the Pennsylvania Attorney General's Office ("the Commonwealth") pursuant to a presentment returned on September 20, 1984, by an investigating grand jury sitting in Harrisburg. Following arraignment, the cases were consolidated and trial was scheduled for April 1, 1985. Appellees Hartung and Mattero filed motions to dismiss pursuant to Rule 1100 on March 20 and 21, 1985, respectively. The other appellees joined in the motions. Appellees argued that the 180 days within which the Commonwealth was required to call the case for trial began on September 20, 1984, the date the investigating grand jury returned the presentment. Accordingly, it was their position that the 180-day period under Rule 1100 expired on March 19, 1985. A hearing on the appellees' motions was held on April 1, 1985, after which the trial court granted the motions and dismissed the charges as to all appellees.

The Commonwealth timely filed notices of appeal on April 18 and 19, 1985,*fn1 to this court. By opinion and order of August 7, 1986,*fn2 the trial court's decision was reversed. Our Court held that the Rule 1100 period began to run when the prosecutor filed the criminal ...


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