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COM. v. ALLEN

296 Pa.Super. 271 (1982)

442 A.2d 764

COMMONWEALTH of Pennsylvania, Appellant, v. Thomas F. ALLEN.

Superior Court of Pennsylvania.

Filed March 5, 1982.

Petition for Allowance of Appeal Denied September 16, 1982.

Attorney(s) appearing for the Case

William L. Thurston, Assistant District Attorney, Lebanon, for Commonwealth, appellant.

Keith L. Kilgore, Lebanon, for appellee.

Before McEWEN, MONTEMURO and SHERTZ, JJ.

SHERTZ, Judge:

The Commonwealth appeals from an Order of the court below discharging appellee by virtue of Pa.R.Crim.P. 1100, following his conviction for receiving stolen property.1 For the reasons which follow, we reverse.

A criminal complaint was filed against appellee on January 20, 1977 establishing an initial Rule 1100 rundate of July 18, 1977. On May 3, 1977, appellee executed a written waiver of his Rule 1100 rights and...

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