COM. v. FISHER


283 Pa.Super. 370 (1980)

424 A.2d 510

COMMONWEALTH of Pennsylvania v. Nathan FISHER, Appellant.

Superior Court of Pennsylvania.

Filed August 29, 1980.

Reargument Denied February 10, 1981.


Attorney(s) appearing for the Case

Leonard Sosnov, Assistant Public Defender, Philadelphia, for appellant.

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

Before BROSKY, WICKERSHAM and ROBERTS, JJ.


Reargument En Banc Denied February 10, 1981.

ROBERTS, Judge:

Four hundred forty-four days after filing the complaint, the Commonwealth brought appellant Nathan Fisher to trial. At issue is whether trial was timely under the 180 day rule of Pa.R.Crim.P. 1100(a)(2). It is agreed that 193 days are excludible under Pa.R.Crim.P. 1100(d)(1) because during that time the trial court found appellant incompetent to stand trial. For 212 days, however, the court adjudged...

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