COM. v. FAVORS


273 Pa.Super. 109 (1979)

416 A.2d 1113

COMMONWEALTH of Pennsylvania v. Percy FAVORS, Appellant.

Superior Court of Pennsylvania.

Filed December 21, 1979.


Attorney(s) appearing for the Case

Douglas H. Riblet, Assistant Public Defender, Philadelphia, for appellant.

Sheldon M. Finklestein, Philadelphia, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.


HOFFMAN, Judge:

The issues presented by this appeal are (1) whether the filing of a Commonwealth petition to extend tolls the running of the Rule 1100 period; and (2) whether appellant acquiesced in the extension of the period in this case. We hold that filing the petition does not toll the 180-day period and, accordingly, reverse and remand for an evidentiary hearing on the issue of appellant's acquiescence in the extension.

On March 12, 1977, a criminal...

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