Commonwealth v. Far

46 A.3d 709, 616 Pa. 149
CourtSupreme Court of Pennsylvania
DecidedJune 18, 2012
StatusPublished
Cited by17 cases

This text of 46 A.3d 709 (Commonwealth v. Far) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Far, 46 A.3d 709, 616 Pa. 149 (Pa. 2012).

Opinion

[711]*711 OPINION

Justice McCAFFERY.

This case presents a question of law as to the interplay of two prompt trial rules: Pennsylvania Rule of Criminal Procedure (“Pa.R.Crim.P.”) 600, which is applicable to trial courts statewide, and Pa.R.Crim.P. 1013(A)(4), which is applicable only when a case originates in the Court of Common Pleas, but then is transferred to Philadelphia Municipal Court. Because we have determined that the Superior Court incorrectly applied Rule 1013 to the circumstances of this case, we reverse.

On February 6, 2007, following a narcotics investigation and surveillance operation by the Philadelphia police and the FBI, Nasir Far, Regina Little, and Garnell Brown (collectively, “Appellees”) were arrested. Appellees were charged with possession with intent to deliver PCP (“PWID-PCP”), possession with intent to deliver marijuana, possession of drug paraphernalia, and conspiracy.1 PWID-PCP is a felony, and hence Appellees’ cases were commenced in the Court of Common Pleas. Although the cases were listed for a preliminary hearing on several dates, to wit, February 14, 2007; April 30, 2007; and July 13, 2007, the Commonwealth repeatedly failed to produce a chemical laboratory report of the PCP analysis, without which the Commonwealth could not present a prima facie case for PWID-PCP, and thus the cases were continued. On July 13, 2007, the Commonwealth withdrew the PWID-PCP charge. Because all of the remaining charges were misdemeanors, the cases were remanded to the Philadelphia Municipal Court.2

Trial was set for October 2, 2007, in Municipal Court; however, on October 1, 2007, the Commonwealth indicated that it would exercise its right, pursuant to Article I, Section 6 of the Pennsylvania Constitution, to a trial by jury. Because Municipal Court does not conduct jury trials, the Commonwealth petitioned to transfer the cases back to the Court of Common Pleas.3 [712]*712A preliminary hearing was conducted on December 7, 2007, and Appellees were held for trial in the Court of Common Pleas.

On February 21, 2008, Appellees moved for dismissal of the charges against them based on Pa.R.Crim.P. 1013(A)(4), which is a prompt trial rule governing cases that commence in the Court of Common Pleas, but are subsequently transferred to Philadelphia Municipal Court. On March 6, 2008, the Court of Common Pleas conducted a hearing, wherein the Commonwealth countered that Pa.R.Crim.P. 600, the general prompt trial rule applicable to the Court of Common Pleas, and not Rule 1013(A)(4), applied to Appellees’ cases. The court did not agree with the Commonwealth, but rather accepted Appellees’ contention that Rule 1013(A)(4) controlled the time frame under which the Commonwealth was required to bring Appellees to trial in the Court of Common Pleas under the circumstances of this case. In addition, the court concluded that Rule 1013(A)(4)’s time limits had been exceeded, and therefore the court dismissed all charges and discharged Appellees.

The Commonwealth appealed to the Superior Court, which affirmed in a brief, unpublished opinion adopting the analysis of the Court of Common Pleas concerning this issue. Commonwealth v. Far, 4 A.3d 180 (Pa.Super.2010) (Table). The Commonwealth then filed a petition for allowance of appeal to this Court, which we granted. The sole issue on appeal is the following:

When a case that was transferred from the Philadelphia Court of Common Pleas to Philadelphia Municipal Court is later transferred back to the Court of Common Pleas, is the case governed by Pa. R.Crim.P. 600, the prompt trial rule applicable to the Court of Common Pleas[,] or Pa.R.Crim.P. 1013, the prompt trial rule applicable to the Philadelphia Municipal Court?

Commonwealth v. Far, 610 Pa. 11, 17 A.3d 922 (2011).

The issue presented requires interpretation of the relevant Rules of Criminal Procedure, a question of law. Accordingly, our standard of review is de novo and our scope is plenary. Commonwealth v. Perry, 32 A.3d 232, 236 (Pa.2011). Pursuant to Pa.R.Crim.P. 101(C), we must, to the extent practicable, construe the Rules of Criminal Procedure in consonance with the rules of statutory construction, which are set forth in the Statutory Construction Act of 1972.4 Commonwealth v. Williams, 607 Pa. 597, 9 A.3d 613, 618 (2010); Commonwealth v. Revtai, 516 Pa. 53, 532 A.2d 1, 5 (1987). The object of all interpretation is to ascertain and effectuate the intent of the drafters, a task that is best accomplished by considering the plain language of the provision(s) at issue. Williams, supra; Commonwealth v. Sloan, 589 Pa. 15, 907 A.2d 460, 465 (2006) (citing 1 Pa.C.S. § 1921); see also Commonwealth v. Pressley, 584 Pa. 624, 887 A.2d 220, 223 n. 5 (2005) (citing 1 Pa.C.S. § 1903(a) for the principle that rules must interpreted in accordance with the plain meaning of their terms). However, when the words are not explicit, then the court must consider various other indicia of intent, such as the object and necessity of the rule and the mischief meant to be remedied. Sloan, supra (citing 1 Pa.C.S. § 1921(c)). The rules should be construed to give effect to all their provisions, and a single rule should not be read in a vacuum, especially where there is an apparent interrelationship among rules. Revtai, su[713]*713pra at 5-6 (citing 1 Pa.C.S. § 1921(a)). We may consult the explanatory comments of the committee that worked on a rule. Commonwealth v. Lockridge, 570 Pa. 510, 810 A.2d 1191, 1195 (2002).

The question presented here is which prompt trial rule applies to the instant circumstances — Rule 600, which is applicable statewide to trial courts, or Rule 1013, which is applicable only to the Philadelphia Municipal Court. There are three Rules of Criminal Procedure relevant to this question.

The prompt trial rule applicable statewide to trial courts reads, in relevant part, as follows:

Rule 600. Prompt Trial
* * * *
(A)(3) Trial in a court case in which a written complaint is filed against the defendant, when the defendant is at liberty on bail, shall commence no later than 365 days from the date on which the complaint is filed.

Pa.R.Crim.P. 600.

This prompt trial rule was adopted by this Court in 1973 “to give substantive effect to the United States Supreme Court’s observation that state courts could, pursuant to their supervisory powers, establish fixed time periods within which criminal cases must normally be brought by the Commonwealth.” Commonwealth v. DeBlase, 542 Pa. 22, 665 A.2d 427, 431 (1995) (citing Commonwealth v. Terfinko, 504 Pa. 385,

Related

Com. v. Youdy, R.
Superior Court of Pennsylvania, 2025
Com. v. Muhammad, S.
2025 Pa. Super. 105 (Superior Court of Pennsylvania, 2025)
Com. v. Parker, S.
Superior Court of Pennsylvania, 2025
Com. v. Farlow, T.
2025 Pa. Super. 76 (Superior Court of Pennsylvania, 2025)
Com. v. Allison, C.
Superior Court of Pennsylvania, 2025
Com. v. Salcedo, E.
Superior Court of Pennsylvania, 2025
Commonwealth v. Price, N., Aplt.
Supreme Court of Pennsylvania, 2022
Commonwealth v. Harth, K., Aplt.
Supreme Court of Pennsylvania, 2021
JP Morgan Chase v. Bagdis, B.
Superior Court of Pennsylvania, 2020
Com. v. Torres, K.
Superior Court of Pennsylvania, 2019
Commonwealth, Aplt. v. Walker, T.
185 A.3d 969 (Supreme Court of Pennsylvania, 2018)
Com. v. Fisher, C.
Superior Court of Pennsylvania, 2017
Com. v. Jones, D.
Superior Court of Pennsylvania, 2014
In re Carney
79 A.3d 490 (Supreme Court of Pennsylvania, 2013)
Commonwealth v. Hann
81 A.3d 57 (Supreme Court of Pennsylvania, 2013)
Commonwealth v. Clarke
70 A.3d 1281 (Superior Court of Pennsylvania, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
46 A.3d 709, 616 Pa. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-far-pa-2012.