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COM. v. MONROE

273 Pa.Super. 231 (1979)

417 A.2d 253

COMMONWEALTH of Pennsylvania v. James MONROE, Appellant.

Superior Court of Pennsylvania.

Filed December 21, 1979.

Attorney(s) appearing for the Case

Harry A. Rubin, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.

PER CURIAM:

Appellant contends that the lower court erred in denying his motion to dismiss filed pursuant to Pa.R.Crim.P. 1100(f). The lower court determined that the filing of a Commonwealth petition to extend prior to the Rule 1100 run date tolled the running of the Rule 1100 period until the court acted on the petition. We held in the case of appellant's co-defendant that the filing of the petition did not toll the 180-day period. Commonwealth v. Favors,

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