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COM. v. SHEARER

255 Pa.Super. 570 (1978)

389 A.2d 124

COMMONWEALTH of Pennsylvania v. Douglas SHEARER, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Alan Ellis, State College, for appellant.

C. Kent Price, Assistant District Attorney, and Charles C. Brown, Jr., District Attorney, State College, submitted a brief for Commonwealth, appellee.

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

HOFFMAN, Judge:

Because we believe that the lower court erred in denying appellant's Rule 1100(f)1 application, we vacate the judgment of sentence and order appellant discharged.

In Commonwealth v. Shelton, 469 Pa. 8, 364 A.2d 694, 696 (1976), our Supreme Court stated: "Rule 1100 mandates the commencement...

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