Superior Court of Pennsylvania, 1978

Commonwealth v. Drake

Superior Court of Pennsylvania · Decided May 5, 1978 · Consideration, Former, Hoffman, Spaeth, Watkins

256 Pa. Super. 517; 389 A.2d 165; 1978 Pa. Super. LEXIS 3212

Dissenting Opinion

HOFFMAN and SPAETH, JJ.,

dissent. Appellant’s failure to file a written application under Pa.R.Crim.P. 1100(f) should not be held a waiver of his claim. See, Commonwealth v. Yancey, 251 Pa.Super. 478, 380 A.2d 880 (1977) (Dissenting Opinion by HOFFMAN, J.).

WATKINS, former P. J., did not participate in the consideration or decision of this case.

Opinion of the Court

Judgment of sentence affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.