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COMMONWEALTH PENNSYLVANIA v. LINDA GEHMAN (02/06/89)

filed: February 6, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
LINDA GEHMAN, APPELLANT



Appeal from the Judgment of Sentence of June 10, 1988, in the Court of Common Pleas of Bucks County, Criminal Division, at No. 3473/87.

COUNSEL

Robert L. Lansberry, Doylestown, for appellant.

M. Jacqueline Vargas, Assistant District Attorney, Doylestown, for Com., appellee.

Cirillo, President Judge, and Beck and Kelly, JJ.

Author: Beck

[ 381 Pa. Super. Page 246]

This is an appeal by Linda Gehman from a judgment of sentence imposed on June 10, 1987 by the Court of Common Pleas of Bucks County. Appellant was tried by a judge sitting without a jury and convicted of driving a vehicle while under the influence of alcohol to a degree which renders the person incapable of safe driving. 75 Pa.Cons.Stat.Ann. ยง 3731(a)(1) (Purdon 1977 & Supp.1988). Appellant contends that the trial court erred by failing to grant her post-verdict motion in arrest of judgment and for a new trial. After careful consideration, we affirm the judgment of the trial court.

Appellant argues that the Commonwealth produced insufficient evidence of intoxication, or in the alternative, that the trial court's finding of intoxication was contrary to the weight of the evidence. This claim is without merit for the reasons set forth in the opinion of the trial court.

Appellant also claims that her right to a speedy trial under Pennsylvania Rule of Criminal Procedure 1100 was violated. At the time that proceedings against appellant were initiated, Rule 1100 provided that "[t]rial in a court

[ 381 Pa. Super. Page 247]

    case in which a written complaint is filed against the defendant . . . shall commence no later than one hundred eighty (180) days from the date on which the complaint is filed." Pa.R.Crim.P. 1100(a)(2). In this case, three criminal complaints were filed against the appellant. The first complaint was filed on October 31, 1986 and dismissed on February 19, 1987. The second complaint was filed on February 25, 1987 and dismissed on April 23, 1987. The third complaint was filed on April 23, 1987. The parties agree that appellant's trial was untimely if the 180 day period ran from the filing dates of the first complaint or the second complaint, and that appellant's trial was timely if the 180 day period ran from the filing date of the third complaint.

In Commonwealth v. Simms, 509 Pa. 11, 500 A.2d 801 (1985), the Pennsylvania Supreme Court clarified the standard for determining when the Rule 1100 period begins to run when multiple complaints have been filed against a defendant. The Court explained that:

[W]hen an initial complaint has been withdrawn or otherwise dismissed, the 180 day period begins to run anew with the filing of a subsequent complaint only if (1) the earlier complaint was properly dismissed by a competent magisterial or judicial authority, and (2) the record ...


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