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COM. v. MARCONI

523 Pa. 342 (1989)

567 A.2d 628

COMMONWEALTH of Pennsylvania, Appellee, v. Robert MARCONI, Appellant.

Supreme Court of Pennsylvania.

Decided December 13, 1989.

Attorney(s) appearing for the Case

Frank J. Marcone, Springfield, for appellant.

William H. Ryan, Jr., Dist. Atty., Sandra L. Elias, Deputy Dist. Atty., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

The issue raised by this appeal is whether a trial court must commence counting the 120-day limitation period for retrial set forth at Pa.R.Crim.P. Rule 11001 either from the date on which the trial court grants a new trial or declares a mistrial, with exclusions made for those days on which the case is pending on appeal, or from the date that all of the appeals are disposed of and the record...

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