Commonwealth v. Williams
Commonwealth v. Williams
Opinion of the Court
Appellant contends his speedy trial rights under Pa.R. Crim.P. 1100 were violated. We agree and, accordingly, reverse the judgment of sentence.
On November 11, 1977 the criminal complaint was filed. On December 5, 1977 appellant did not appear for a preliminary hearing and a bench warrant was issued. On March 29, 1979, 479 days later, appellant was apprehended. Failure to bring appellant down from prison forced continuances of trials listed for May 15, May 24, and July 11, 1979. The Commonwealth petitioned for an extension of time on July 17, 1979, and the court held a hearing on August 16, 1979 granting an extension and listing trial for September 10, 1979. After subsequent delays, appellant was convicted following a nonjury trial on June 6, 1980. Post-trial motions were denied and this appeal followed.
Appellant contends the lower court erred at the August 16, 1979 hearing by granting an extension beyond the time justified by the Commonwealth’s evidence at the hearing.
Reversed and appellant discharged.
Appellant’s present counsel specifically raised the issue of the August 16, 1979 hearing in post-trial motions. Approximately seven months after the denial of those motions, however, appellant’s prior counsel filed a statement of matters complained of on appeal that omitted mention of this hearing. See Pa.R.A.P. 1925. Thus, the lower court did not address the propriety of the August 16, 1979 hearing in its opinion. The record reveals no request to appellant’s present counsel for a statement of matters complained of on appeal. Nor does it reveal any entry of appearance or other basis for prior counsel’s filing
Case-law data current through December 31, 2025. Source: CourtListener bulk data.