LIPEZ, Judge.
This is a Commonwealth appeal from an order granting defendant's motion to dismiss the charge under Rule of Criminal Procedure 1100(f). The trial judge concedes in his opinion that his determination is based on "facts" which are not of record, but taken from the briefs of the parties filed in the lower court. The statement in the opinion that the briefs are "not in dispute" as to the facts is incorrect, and even if it were true, the trial judge in ruling...
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