COM. v. GAINES


407 Pa.Super. 94 (1991)

595 A.2d 141

COMMONWEALTH of Pennsylvania v. James GAINES, Appellant.

Superior Court of Pennsylvania.

Filed July 25, 1991.


Attorney(s) appearing for the Case

Jeremy C. Gelb, Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before ROWLEY, President Judge, and CIRILLO and JOHNSON, JJ.


ROWLEY, President Judge.

James Gaines appeals from the judgment of sentence entered July 11, 1990 in the Court of Common Pleas of Philadelphia County. He raises the following two issues in this appeal: (1) whether the trial court erred in denying appellant's motion to dismiss under Pa.R.Crim.P. 1100(d) where more than 120 days elapsed from the date his case was remanded by the Superior Court for retrial, and (2) whether the trial court erred in its instructions to...

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