Com. v. Williams

• Decision Date: 01 March 1999
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Darrin WILLIAMS, Appellant.
• Court: Pennsylvania Superior Court

726 A.2d 389

COMMONWEALTH of Pennsylvania, Appellee, v. Darrin WILLIAMS, Appellant.

Superior Court of Pennsylvania.

Argued February 2, 1999.

Filed March 1, 1999.

Glen H. Ridenour, II, Philadelphia, for appellant.

Michael R. Acker, Asst. Dist. Atty., Philadelphia, for Commonwealth, Appellee.

Before JOHNSON, SCHILLER and BROSKY, JJ.

BROSKY, J.

¶ 1 Darrin Williams appeals, nunc pro tunc, from the judgment of sentence of the trial court following his bench trial convictions of rape, indecent assault and simple assault. On September 26, 1994 he was sentenced to an aggregate term of imprisonment of 3-7 years. On October 14, 1994 appellant filed a direct appeal but the appeal was withdrawn on December 6, 1994. On November 30, 1995 Appellant filed a PCRA petition, requesting that his direct appeal rights be reinstated. The PCRA request was granted, and this nunc pro tunc appeal followed.

¶ 2 Appellant's statement of questions presented is as follows.

1. Did the trial court err when it denied Appellant's motion to dismiss the charges against him for violations of his statutory and constitutional rights to a speedy trial?

2. Was Appellant denied his state and federal constitutional rights to effective assistance of counsel when his counsel failed to properly represent his rights to a speedy trial by not aggressively asserting his rights and entered into a stipulation with the Commonwealth, which miscalculated the days of excludable delay?

Appellant's Brief at 2. We affirm the judgment of sentence of the trial court. ¶ 3 On December 31, 1991 Appellant raped and assaulted the victim, Paige Canady, who was the mother of his four-month old son.¹ On January 2, 1992 Appellant was arrested; a criminal complaint was filed on that date. On January 7, 1992 a preliminary hearing was conducted and Appellant was held on all charges; he was released on bail.²

¶ 4 On January 28, 1992 Appellant still had not retained counsel and the case was continued until February 20, 1992. On February 20, 1992 Thomas H. Purl, Esquire entered an appearance on behalf of Appellant. The Honorable James J. Fitzgerald then scheduled the next hearing for March 12, 1992 and ruled the time excludable. On March 12, 1992 Appellant's case was continued by the trial court and scheduled for a three-day jury trial commencing on April 29, 1992; discovery was ordered to be completed by March 19, 1992. On April 29, 1992 defense counsel's advance defense request for a continuance for further investigation was granted;³ trial was scheduled for July 6, 1992.

¶ 5 On July 6, 1992 both defense counsel and the Commonwealth requested continuances: The Commonwealth stated that it needed time to perform the DNA testing of Appellant's blood sample and defense counsel requested additional time to prepare a defense. Additionally, defense counsel complained that Appellant was not meeting his financial obligations toward payment for his defense. The Honorable James A. Lineberger granted the joint request for a continuance until September 29, 1992 and ordered Appellant to "complete his financial arrangements with counsel or bail to be revoked." Trial Court Order, 7/6/92.

¶ 6 On September 29, 1992 Appellant failed to appear in court and Judge Lineberger issued a bench warrant for Appellant's arrest.

¶ 7 On December 3, 1992 Appellant surrendered himself to authorities. Judge Lineberger continued the case until December 9, 1992. On December 9, 1992 a hearing was held and Appellant was sentenced to 5 months and 29 days imprisonment for contempt for failure to appear on September 29, 1992; additionally, Appellant's counsel, Mr. Purl, was permitted to withdraw and the Defender's Association of Philadelphia was appointed to represent Appellant. Judge Lineberger continued the case until March 1, 1993 due to a busy docket and the continuance was ruled excludable by the trial court. N.T., 12/9/92, at 9-10.

¶ 8 On March 1, 1993 the trial court stated that it "was engaged with other matters" and the case was continued until April 1, 1993. On March 3, 1993 defense counsel filed a petition to allow testimony under the Rape Shield Law.

¶ 9 Prior to April 1, 1993 defense counsel made an advance defense request for a continuance for further preparation of witnesses. The trial court continued the trial until July 19, 1993, with the continuance charged to the defense and ruled excludable time.

¶ 10 On July 19, 1993 Judge Lineberger was engaged in another trial and Appellant's case was continued until September 30, 1993. On September 30, 1993 Appellant requested a jury trial; hence, the case was continued until November 4, 1993 to accommodate Appellant's request.

¶ 11 On November 4, 1993 Judge Lineberger was engaged in another jury trial and Appellant's case was continued until January 5, 1994, which was the earliest available date on the trial court calendar.

¶ 12 On January 5, 1994 the Honorable Edward J. Bradley continued Appellant's case until April 18, 1994, which was the earliest available court date. On January 18, 1994 defense counsel filed a motion to dismiss. ¶ 13 On April 14, 1994 defense counsel filed an additional notice of possible alibi defense.

¶ 14 On April 18, 1994 Appellant requested a change from a jury trial to a bench trial. Judge Bradley continued the case to the next day, April 19, 1994, the earliest available trial date.

¶ 15 On April 19, 1994 Judge Bradley was engaged in another trial and Appellant's case was continued for three more days, until April 22, 1994, the earliest possible date consistent with the trial court calendar.

¶ 16 On April 22, 1994 Appellant's trial began. Appellant was found guilty of the instant crimes and this motion to dismiss pursuant to Pa.R.Crim.P. 1100 was denied.

¶ 17 Appellant first claims that the trial court erred in failing to grant his motion to dismiss pursuant to Pa.R.Crim.P. 1100.

¶ 18 Pa.R.Crim.P. 1100 states,

...

(a)(2) Trial in a court case in which a written complaint is filed against the defendant, where the defendant is incarcerated on that case, shall commence no later than 180 days from the date on which the complaint is filed.

(3) Trial in a court case in which a written complaint is filed against the defendant, where the defendant is at liberty on bail, shall commence no later than 365 days from the date on which the complaint if filed.

....

(c) In determining the period for commencement of trial, there shall be excluded therefrom:

(1) the period of time between the filing of the written complaint and the defendant's arrest, provided that the defendant could not be apprehended because his or her whereabouts were unknown and could not be determined by due diligence;

(2) any period of time for which the defendant expressly waives Rule 1100;

(3) such period of delay at any stage of the proceedings as results from:

(i) the unavailability of the defendant or the defendant's attorney;

(ii) any continuance granted at the request of the defendant or the defendant's attorney.

....

Id.

¶ 19 In reviewing a Rule 1100 claim, we are "limited to the evidence on the record of the Rule 1100 evidentiary hearing and the findings of the trial court." Commonwealth v. Stilley, 455 Pa.Super. 543, 689 A.2d 242, 248 (1997). "We must view the facts in the light most favorable to the prevailing party, in this case the Commonwealth." Id. "The court shall exclude any period of delay which is a result of any continuance granted at the defense's request." Id. The period of time between a defendant's motion to dismiss pursuant to Rule 1100 and the trial court's rendering a decision on the motion is excludable time under Rule 1100. Id. at 250.

¶ 20 Our Supreme Court stated in Commonwealth v. Spence, 534 Pa. 233, 627 A.2d 1176 (1993),

Judicial delay can support the grant of an extension of the Rule 1100 rundate. [W]here the delay is due to congest court dockets, the trial court is to establish that: it has devoted a reasonable amount of its resources to the criminal docket and that it scheduled the criminal trial at the earliest possible date consistent with the court's business. While the trial court may be required to arrange its docket, if possible, when judicial delay has caused a lengthy postponement beyond the period prescribed by Rule 1100, or one that implicates the constitutional right to a speedy trial, it should not be required to do so to avoid a delay of under 30 days. [Citations omitted.]

Id. at 243, 627 A.2d at 1181.

¶ 21 Our Court stated in Commonwealth v. Peer, 454 Pa.Super. 109, 684 A.2d 1077 (1996),

Our standard of review in evaluating Rule 1100 issues is whether the trial court abused its discretion in determining that the Commonwealth acted with due diligence in attempting to try the defendant within the applicable time period. Due diligence is a fact-specific concept that is determined on a case-by-case basis. [Citation omitted.]

Id.

¶ 22 In the instant case Appellant's criminal complaint was filed on January 2, 1992 and he was not incarcerated; hence, the original run date was January 1, 1993. However, Appellant voluntarily absented himself from his scheduled trial on September 29, 1992 and he did not surrender until December 3, 1992.

¶ 23 Our Supreme Court stated in Commonwealth v. Steltz, 522 Pa. 233, 560 A.2d 1390 (1989),

One's voluntary absence from a day set for trial within Rule 1100 is a waiver of that rule. Therefore, his trial thereafter is, at the reasonable convenience of the court and the prosecuting authorities. Rule 1100 is a procedural rule designed to give reasonable parameters for the commencement of trial.

It is a benefit to one charged that a trial date will be known as closely as possible on our crowded dockets. A trial date for one person is a delay for another. When they voluntarily absent themselves, for whatever reason, they go to the end of the line and must wait their turn after the convenience of the others their absence delayed. We cannot, with limited facilities, let one

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