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COM. v. GARBETT

256 Pa.Super. 488 (1978)

390 A.2d 208

COMMONWEALTH of Pennsylvania v. Roger Lee GARBETT, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Karl Baker, Assistant Defender, Philadelphia, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

Appellant was convicted of attempted burglary and was sentenced to six to twenty-three months imprisonment. He now argues that his petition to dismiss the indictment pursuant to Rule 1100(f) of the Pennsylvania Rules of Criminal Procedure should have been granted, and that he should therefore be discharged.

On July 25, 1975, a criminal complaint was filed against appellant, and he was arrested...

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