Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Destephano

Superior Court of Pennsylvania

March 7, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
DAVID LEE DESTEPHANO, Appellant

Submitted: December 9, 2013.

Appeal from the PCRA Order of the Court of Common Pleas, Cumberland County, Criminal Division, No(s): CP-21-CR-0003110-2011. Before EBERT, J.

Jacob M. Jividen, Camp Hill, for appellant.

Christin J. Mehrtens-Carlin, Assistant District Attorney, Carlisle, for Commonwealth, appellee.

BEFORE: ALLEN, J., LAZARUS, J., and FITZGERALD, J.[*] OPINION BY LAZARUS, J.

OPINION

Page 362

LAZARUS, J.

David Lee Destephano appeals from the order of the Court of Common Pleas of Cumberland County dismissing his petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S.A. § § 9541-9546. Upon review, we affirm.

The salient facts of this matter are largely procedural and have been stipulated to by the parties. The trial court has forth those facts as follows:

On or about March 10, 2011, [Destephano] was charged with two counts of Theft by Unlawful Taking and two counts of Criminal Conspiracy. Thereafter,

Page 363

[Destephano] was incarcerated on unrelated charges in North Carolina. While incarcerated in North Carolina, [Destephano] filed a written notice . . . on June 27, 2011, of his place of imprisonment and a request that final disposition be made on his untried [out-of-state] indictments pursuant to the Interstate Agreement on Detainers Act, 42 Pa.C.S.A. § 9101(III) (hereinafter " IAD" ).

Sometime between August 12, 2011 and August 30, 2011, the Cumberland County District Attorney's Office received notice of [Destephano's] request under the IAD. . . . The Cumberland County District Attorney's Office then executed an acceptance of temporary custody form pursuant to the IAD on August 30, 2011. [Destefano] physically arrived in Pennsylvania on September 16, 2011, and was held in Dauphin County[, where criminal charges against him were also pending]. Bail was set . . . on November 2, 2011. [Destefano] was released from his North Carolina sentence on November 29, 2011, while still in Pennsylvania awaiting disposition of the March 10, 2011 [Cumberland County] charges.
[Destephano] filed a Waiver of Jury Trial on March 6, 2012, and waived Rule 600 for the period affected by the Waiver. Thereafter, [Destephano] filed a Motion to Withdraw Waiver of Jury Trial. On April 26, 2012, [Destephano's] motion was granted and a trial date was set for June 25, 2012. [Destephano] expressly waived any Rule 600 issues for the time affected by the Motion to Withdraw[.] On ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.