Com. v. Hickson
| Court | Superior Court of Pennsylvania |
| Writing for the Court | Before WATKINS; JACOBS |
| Citation | 235 Pa.Super. 496,344 A.2d 617 |
| Decision Date | 22 September 1975 |
| Parties | COMMONWEALTH of Pennsylvania v. James HICKSON, Appellant. |
Page 617
v.
James HICKSON, Appellant.
Vincent J. Ziccardi, Defender, John W. Packel, Chief, Appeals Div., Philadelphia, for appellant.
[235 Pa.Super. 497] Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, for appellee.
Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.
JACOBS, Judge:
This case presents the issue 1 of whether appellant must be discharged where his new trial was held in violation[235 Pa.Super. 498] of the time requirements of Pa.R.Crim.P. 1100(e). 2 Because we find that appellant consented to the scheduling of the new trial for a date beyond the ninety-day period, we conclude that appellant may not now object and affirm the decision of the court below.
On December 6, 1973, appellant was found guilty of aggravated robbery by the lower court sitting without a jury. The court subsequently in post-verdict motions awarded appellant a new trial on February 15, 1974. Due to several postponements
Page 618
and continuances, the new trial was not commenced until June 27, 1974, some one hundred thirty-two days after it had been ordered.Appellant admits that the delay from March 12 to May 10 was occasioned by applications of his counsel for continuances. However, of the fifty-eight days of delay, appellant argues that only those days in excess of thirty are attributable to him under Pa.R.Crim.P. 1100(d)(2). 3 If this argument is accepted, it appears that appellant [235 Pa.Super. 499] would then be responsible for only twenty-eight days of delay. After subtracting these days from the one hundred thirty-two days that elapsed before the new trial was conducted, it becomes clear that the new trial was still in violation of the ninety-day requirement of Pa.R.Crim.P. 1100(e).
The record discloses, however, that on June 4, 1974, counsel for both parties met with the court and agreed to postpone the trial to June 19, 1974. When asked if June 19 would be a satisfactory trial date, defense counsel replied, 'Any day is fine with me, Your Honor.' Notes of Testimony on June 4, 1974, at 49. Even if we accept appellant's argument that he is not responsible for the first thirty days of delay occasioned by himself, we observe that the ninety-day period would have run on June 13, 1974. Because appellant agreed to a trial date on June 19 which was beyond the ninety-day...
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Com. v. Krasner
...Commonwealth v. Shields, 247 Pa.Super. 74, 371 A.2d 1333 (1977), affirmed, 483 Pa. 524, 397 A.2d 790 (1979); Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 (1975). Moreover, the record reveals that both of appellant's attorneys knew as of May 7, 1974, that trial would begin on May......
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Com. v. Carey
...277 Pa.Super. 18, 419 A.2d 638 (1980); Commonwealth v. Lovera, 248 Pa.Super. 439, 375 A.2d 178 (1977); Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 At trial, appellant was not represented by the same lawyer who had represented him in proceedings prior to February 18, 1980. His t......
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Com. v. Bundridge
...final delay. This period was not chargeable to the Commonwealth and did not compel a dismissal of the charges. Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 (1975). It can be seen, therefore, that appellant's trial clearly did not violate the mandate of Rule 1100. Such an issue w......
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Com. v. Bean
...418, 357 A.2d 585 (filed February 2, 1976); Commonwealth v. Cutillo, 235 Pa.Super. 131, 339 A.2d 123 (1975); Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 (1975); Commonwealth v. Eller, 232 Pa.Super. 99, 332 A.2d 507...
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Com. v. Krasner
...Commonwealth v. Shields, 247 Pa.Super. 74, 371 A.2d 1333 (1977), affirmed, 483 Pa. 524, 397 A.2d 790 (1979); Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 (1975). Moreover, the record reveals that both of appellant's attorneys knew as of May 7, 1974, that trial would begin on May......
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Com. v. Carey
...277 Pa.Super. 18, 419 A.2d 638 (1980); Commonwealth v. Lovera, 248 Pa.Super. 439, 375 A.2d 178 (1977); Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 At trial, appellant was not represented by the same lawyer who had represented him in proceedings prior to February 18, 1980. His t......
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Com. v. Bundridge
...final delay. This period was not chargeable to the Commonwealth and did not compel a dismissal of the charges. Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 (1975). It can be seen, therefore, that appellant's trial clearly did not violate the mandate of Rule 1100. Such an issue w......
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Com. v. Bean
...418, 357 A.2d 585 (filed February 2, 1976); Commonwealth v. Cutillo, 235 Pa.Super. 131, 339 A.2d 123 (1975); Commonwealth v. Hickson, 235 Pa.Super. 496, 344 A.2d 617 (1975); Commonwealth v. Eller, 232 Pa.Super. 99, 332 A.2d 507...