COM. v. MALGIERI


889 A.2d 604 (2005)

COMMONWEALTH of Pennsylvania, Appellant, v. Laura MALGIERI, Appellee.

Superior Court of Pennsylvania.

Filed December 9, 2005.


Attorney(s) appearing for the Case

Patrick B. Farrone, Assistant District Attorney, Mercer, for Commonwealth, appellant.

Lowell T. Williams, Mercer, for appellee.

Before: TODD, McCAFFERY, and OLSZEWSKI, JJ.


OPINION BY McCAFFERY, J.:

¶ 1 The Commonwealth of Pennsylvania appeals from an order which dismissed theft charges against Appellee, Laura Malgieri, because trial did not commence within 365 days after the filing of the complaint against Appellee. We conclude that the trial court abused its discretion in determining that the Commonwealth did not use due diligence in endeavoring to bring Appellee to trial within the 365...

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