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COMMONWEALTH PENNSYLVANIA v. KENNETH L. PARKER (07/27/89)

SUPREME COURT OF PENNSYLVANIA


decided: July 27, 1989.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
KENNETH L. PARKER, A/K/A KENNETH LESTER PARKER

Appeal from Order of Superior Court entered November 16, 1987, at No. 1232 Pittsburgh, 1985, Vacating Judgment of Sentence of Court of Common Pleas of Allegheny County, Criminal Division, entered August 16, 1985, at Nos. CC8500142A-151A and Remanding Case for an Entry of Discharge. Pa. Super. , A.2d (1987).

COUNSEL

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Sandra Preuhs, Asst. Dist. Atty., Pittsburgh, for appellant.

Melaine Shannon Rothey, Pittsburgh, Pennsylvania, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ.

Author: Per Curiam

[ 522 Pa. Page 337]

OPINION OF THE COURT

We reverse the order of the Superior Court, 373 Pa. Super. 638, 536 A.2d 827, vacating the judgment of sentence and remanding this matter for the entry of an order of discharge and hereby reinstate the judgment of sentence. The Superior Court failed to apply the mandate of Pennsylvania Criminal Procedural Rule 1100(a)(4), formerly set at Rule 1100(a)(3), providing that the date of transfer of a court case from the juvenile court to the trial or criminal division is the operative date for computing the time within which a trial must commence.

19890727

© 1998 VersusLaw Inc.



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