delay caused by co-defendant even though not agreed to by defendant, may provide sufficient grounds for extension of time
How later courts described this case
- delay caused by co-defendant even though not agreed to by defendant, may provide sufficient grounds for extension of time
- if defendant's attorney not served with Rule 1100(c) application then extension improperly granted and defendant should be discharged
- petition for extension granted without notice to defendant; held, petition ineffective, and defendant ordered discharged
- no waiver where no notice of hearing
Written by the judges who cited it.
The opinion
VAN der VOORT, Judge,
dissenting:
I would remand this case to the court below for a hearing to determine whether or not the defendant-appellant suffered any prejudice because he was not given notice of the application of the Commonwealth for an extension of time of trial. If it were determined that he was prejudiced, I would reverse and discharge the appellant. If it were found that he suffered no prejudice, I would affirm the judgment of sentence of the trial court below.