Commonwealth v. Brocklehurst

420 A.2d 385, 491 Pa. 151, 1980 Pa. LEXIS 799

• Court: Supreme Court of Pennsylvania
• Decided: September 22, 1980
• Docket: 130
• Status: Published

Opinions

OPINION

KAUFFMAN, Justice.

Appellant, Gary Douglas Brocklehurst, was convicted of burglary after a non-jury trial in Mercer County. After post-verdict motions were argued, appellant was discharged pursuant to Pa.R.Crim.P. 1100 (“Rule 1100”). On appeal, the Superior Court reversed and remanded for sentencing. We granted allocatur and now affirm.¹

On June 22, 1977, the police filed a criminal complaint charging Gary Paul Brocklehurst with burglary, theft by unlawful taking, theft by receiving stolen property, and criminal conspiracy.² On July 30,1977, appellant was arrested and the police discovered that the June 22 complaint had named the wrong Gary Brocklehurst. Accordingly, the complaint was corrected immediately in handwriting to state the name, birthdate and social security number of appellant, Gary Douglas Brocklehurst. At his preliminary hearing on August 9, 1977, appellant objected to amending the complaint on two grounds: (1) that the first complaint was fatally defective because it identified the wrong person as defendant, and (2) the statute of limitations had run on all charges but burglary.³ The Commonwealth then withdrew the complaint and immediately filed a new one charging Gary Douglas Brocklehurst with burglary only. Appellant was re-arrested that same day and a preliminary hearing was held. Trial began on December 27, 1977, within one hundred eighty days of the filing of the second complaint.⁴ Although it had refused before trial to dismiss on Rule 1100 grounds, the court, after hearing post-verdict motions, discharged appellant because trial had commenced after the one hundred eighty day run date of the June 22 complaint. The Superior Court properly reversed.

This Court consistently has held that the Rules of Criminal Procedure must be interpreted as written.⁵ We also have held that Rule 1100 serves two equally important functions: (1) the protection of the accused’s speedy trial rights, and (2) the protection of society. Commonwealth v. Hamilton, 449 Pa. 297, 304-05, 297 A.2d 127, (1972).⁶ With these concerns in mind, we turn to the instant case.

Rule 1100 requires that “[t]rial in a court case in which a complaint is filed against the defendant . . . shall commence no later than one hundred eighty (180) days from the date on which the complaint is filed.” The only complaint filed against the appellant here, Gary Douglas Brocklehurst, was filed on August 9, 1977. Indeed, appellant so argued before trial when he raised the statute of limitations defense and objected to the Commonwealth’s efforts to amend the first complaint naming the wrong party. Now, however, appellant argues that the first complaint, although not sufficient to toll the statute of limitations, was sufficient to commence the running of Rule 1100. This analysis comports with neither logic nor public policy and flies in the face of the plain language of Rule 1100. Trial below commenced within one hundred eighty days of the only complaint filed against this appellant. Rule 1100 thus was complied with to the letter.

Significantly, appellant does not allege that the Commonwealth filed successive complaints for the purpose of circumventing Rule 1100, nor does the record support such an inference. Quite to the contrary, the first complaint was withdrawn only after appellant charged that it was fatally defective because it named the wrong person as defendant and objected to the Commonwealth’s efforts to amend. Compare Commonwealth v. Whitaker, 467 Pa. 436, 359 A.2d 174 (1976). (The prosecution may not circumvent Rule 1100 by use of a nolle prosequi.) Accordingly, we hold that the running of Rule 1100 commenced with filing of the second complaint on August 9, 1977. Accord Commonwealth v. Cartagena, 482 Pa. 6, 393 A.2d 350 (1978) (plurality). Since trial commenced within one hundred eighty days of that date, the Superior Court correctly reversed and remanded for sentencing.

Order affirmed.

EAGEN, C. J., filed a dissenting opinion in which ROBERTS and NIX, JJ, join.

1 . Jurisdiction is vested in this Court pursuant to the Judicial Code, Act of July 9, 1976, P.L. 586, No. 142, § 2, 42 Pa.C.S.A. § 724(a). This opinion was reassigned to this writer on June 26, 1980.

2 . The complaint also included Gary Paul Brocklehurst’s birthdate, social security number and address. The record shows that the police had confused Gary Paul Brocklehurst with appellant, Gary Douglas Brocklehurst, both of whom resided in Mercer county.

3 . Appellant was charged with crimes that occurred sometime between July 29 and August 1, 1975. Thus, appellant argued on August 9, 1977 that no valid complaint had been filed against him within the two year statute of limitations period applicable to prosecutions for theft by unlawful taking, theft by receiving stolen property, and criminal conspiracy. A five year statute of limitations is applicable to the crime of burglary. Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 108.

4 . We note that trial also commenced within one hundred eighty days of appellant’s initial arrest on July 30, 1977.

5 . Commonwealth v. Wade, 475 Pa. 399, 407, n.8, 380 A.2d 782, 785-86, n.8 (1977) (“We have adhered to the literal language of Rule 1100 ....”); Commonwealth v. Shelton, 469 Pa. 8, 16, 364 A.2d 694, 698 (1976) (Rule 1100 must be “[l]iterally read.”); Commonwealth v. Jackson, 464 Pa. 292, 298, 346 A.2d 746, 748 (1975) (“[Fjull compliance” with Rule 323(i) is required); Commonwealth v. Mitchell, 464 Pa. 117, 121, 346 A.2d 48, 50 (1975) (“ ‘[W]e expect strict compliance with [the] rules [of criminal procedure]).’ ”; Commonwealth v. Mullen, 460 Pa. 336, 341, 333 A.2d 755, 757 (1975) (“[Rule 141] must be read as written and limitations not included therein should not be read into it.”); Commonwealth v. Kontos, 442 Pa. 343, 349, 276 A.2d 830, 832 (1971) (Rule 310 to be “strictly interpreted.”); Commonwealth v. Rose, 437 Pa. 30, 35, 261 A.2d 586, 588 (1970) (Rule 102 was to be applied “literally.”) See also Commonwealth v. Dutton, 453 Pa. 547, 307 A.2d 238 (1973); Commonwealth v. Tingle, 451 Pa. 241, 301 A.2d 701 (1973); Commonwealth v. Collemacine, 429 Pa. 24, 239 A.2d 296 (1968).

6 . See Barker v. Wingo, 407 U.S. 514, 519, 92 S.Ct. 2182, 2186, 33 L.Ed.2d 101 (1972):

In addition to the general concern that all accused persons be treated according to decent and fair procedures, there is a societal interest in providing a speedy trial which exists separate from, and at times in opposition to, the interests of the accused. The inability of courts to provide a prompt trial has contributed to a large backlog of cases in urban courts which, among other things, enables defendants to negotiate more effectively for pleas of guilty to lesser offenses and otherwise manipulate the system. In addition, persons released on bond for lengthy periods awaiting trial have an opportunity to commit other crimes. It must be of little comfort to the residents of Christian County, Kentucky, to know that Barker was at large on bail for over four years while accused of a vicious and brutal murder of which he was ultimately convicted. Moreover, the longer an accused is free awaiting trial, the more tempting becomes his opportunity to jump bail and escape. Finally, delay between arrest and punishment may have a detrimental effect on rehabilitation.