Commonwealth v. Jones
Commonwealth v. Jones
Opinion of the Court
Appellant Alfred Jones, Jr. was charged on October 4, 1985 with driving under the influence
Appellant’s sole issue on appeal is the application of Pa.R.Crim.P. Rule 1100
I. Is the 120 day period under Pa.R.Crim.P. 1100(e)(1) for commencing trial after a new trial has been awarded applicable to this case?
II. Is the time between the filing by the Commonwealth of a petition to revoke ARD and the disposition of that petition by the court excludable from the Rule 1100 period' for the commencement or [sic] trial?
Rule 1100. Prompt Trial
(c) (1) At any time prior to the expiration of the period for commencement of trial, the attorney for the Commonwealth may apply to the court for an order extending the time for commencement of trial.
(2) A copy of such motion shall be served upon the defendant through his attorney, if any, and the defendant shall also have the right to be heard thereon.
(3) Such motion shall set forth facts in support thereof, and shall be granted only upon findings based upon a record showing that trial cannot be commenced within the prescribed period despite due diligence by the Commonwealth and, if the delay is due to the court’s inability to try the defendant within the prescribed period, upon findings based upon a record showing the causes of the delay and the reasons why the delay cannot be avoided.
(4) Any order granting a motion for extension shall specify the date or period within which trial shall be commenced. Trial shall be scheduled for the earliest date or period consistent with the extension request and the court’s business, and the record shall so indicate.
(d) In determining the period for commencement of trial, there shall be excluded therefrom:
(1) The period of time between the filing of the written complaint and the defendant’s arrest; provided that the defendant could not be apprehended because his whereabouts were unknown and could not be determined by due diligence;
(2) any period of time for which the defendant expressly waives Rule 1100;
(3) such period of delay at any stage of proceedings as results from:
(i) the unavailability of the defendant or his attorney;
(ii) any continuance granted at the request of the defendant or his attorney.
(e) (1) When a trial court has granted a new trial and no appeal has been perfected, the new trial shall commence within one hundred and twenty (120) days after the date of the order granting a new trial.
*397 III. Did the Commonwealth meet its burden of proving that the time beyond the 180 day period under Rule 1100 was properly excluded?
IV. Was the Commonwealth required to seek an extension of time for commencement of trial under Rule 1100(c) in the circumstances of this case?
The basis of appellant’s argument is his contention Rule 1100(a)(2) established the applicable time period for the commencement of trial as 180 days from the date on which the complaint against him was filed.
Rule 1100(d) specifies the excludable time from the Rule 1100 period. Rule 1100(c) provides the procedures for extending the time for commencing trial for cause shown by the Commonwealth. All delay beyond the mandatory time period must either be excluded under Rule 1100(d) or extended under Rule 1100(c). There is no ambiguity which would permit an application of Rule 1100(e)(1) by analogy.
(Brief of appellant at pp. 6-7.)
We cannot agree. Pa.R.Crim.P. 178(3) provides the defendant must agree, as a requirement for admission to ARD, to waive his Rule 1100 protections “during the period of enrollment in the program.” The parties stipulated 132 days passed from the date the complaint was filed until appellant was placed in ARD, and the only Rule 1100 waiver appellant made was at the ARD hearing. There was no stipulation by the parties as to the length of the ARD waiver. Appellant contends the waiver only existed for the twelve-month period of the ARD, from February 13, 1986 to February 13, 1987, and therefore the remaining 48 days in which to commence trial expired on April 2, 1987.
Appellant correctly emphasizes although Rule 1100 must be interpreted as written, it should not be interpreted in a vacuum, but rather viewed by this Court in light of the purpose and intent of the rule and the consequences of a particular interpretation. 1 Pa.C.S. § 1921; Pa.R.Crim.P. 2.
[T]he Commonwealth did not have any option or control over prosecuting the [appellant] until the Court made a ruling as to the termination of the [appellant]. Since ARD is by its very nature a diversionary program from which a defendant benefits, we believe it to be patently
(Slip Op. at 3.)
Having determined the time between the filing by the Commonwealth of its petition to revoke ARD and the court’s disposition of that petition is excludable from the Rule 1100 period for commencement of trial, we also make two other related findings, dismissing claims by appellant. While appellant contends time under Rule 1100 began to run again on February 14, 1987, the day after ARD should have expired, we find the time did not begin to run again until April 7, 1987, when the court terminated appellant’s ARD status. The record indicates appellant was scheduled for jury selection April 13, 1987, but on that date he filed the first of three consecutive motions for trial postponement, further waiving Rule 1100 until October 12, 1987. From that date, the Commonwealth had 42 days in which to bring appellant to trial. As nonjury trial in this case was held November 20, 1987, we find the Commonwealth met the requirements of Rule 1100 by three days. Appellant also argues under the circumstances of this case the Commonwealth was required to seek an extension of time for commencement of trial under Rule 1100(c). Our foregoing discussion determined the Commonwealth’s excludable time under Rule 1100 ran from February 4, 1987 until April 7, 1987 and again from April 13, 1987 to October 12, 1987 during the period waived by appellant for trial postponement, and therefore this claim also is without merit.
While the trial judge’s Opinion at footnote 1 cites with approval the proposed amendment of Rule 1100 requiring commencement of a new trial within 120 days of termination of ARD, see 17 Pa.Bul. 6 (1987), we cannot follow that line of reasoning since, in fact, such a procedure was not promulgated and if it was, would not be applicable here because this case falls under the Rule prior to amendment.
Judgment of sentence affirmed.
. 75 Pa.C.S. § 3731(a)(1), (4).
. Rule 1100 was amended December 31, 1987, effective immediately. Unless otherwise specified, all references herein to Rule 1100 are to the Rule prior to its amendment, and listed in pertinent part as follows.
. References to the above Slip Opinion are to the Memorandum and Order of the Honorable D. Brooks Smith on appellant’s Rule 1100 motion for dismissal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.