Commonwealth v. Knupp

518 A.2d 252, 512 Pa. 614, 1986 Pa. LEXIS 917
CourtSupreme Court of Pennsylvania
DecidedNovember 24, 1986
DocketNo. 99 W.D. Appeal Docket, 1985
StatusPublished
Cited by1 cases

This text of 518 A.2d 252 (Commonwealth v. Knupp) 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. Knupp, 518 A.2d 252, 512 Pa. 614, 1986 Pa. LEXIS 917 (Pa. 1986).

Opinions

OPINION OF THE COURT

LARSEN, Justice.

The issue presented in this case is whether a Rule 1100 waiver form, executed by a defendant (Knupp-appellee) which waived his right to be tried within 180 days under Pennsylvania Rule of Criminal Procedure 11001 (Rule 1100) was a knowing, voluntary and intelligent waiver where the statement was executed without the advice of counsel and where it failed to inform appellee that the charges against him could be dismissed if trial did not begin within 180 days from the date of the written complaint.

On December 27, 1979 and February 4, 1980, two criminal complaints were issued, each charging appellee with retail theft. These charges constituted felonies of the third degree as they would be, if proven, appellee’s third and fourth offense, respectively, for retail theft.2 The 180 day “run dates” for these offenses, pursuant to Rule 1100, were June 24 and August 2, 1980.

[617]*617On April 7, 1980, appellee, a third semester college student, went to the District Attorney’s Office in Erie County, and received an application, from a secretary in the office, for the Accelerated Rehabilitative Disposition program (A.R.D.).3 Appellee, who was accompanied by his father, then completed the application (encompassing both charges filed against him), while in the lobby of the District Attorney’s office.

At the end of the form, prior to the signature line, was the following statement:

I have been advised that I have a right to have my case tried within 180 days from the date of the Criminal Complaint, under Rule 1100 of the Pennsylvania Rules of Criminal Procedure. I hereby agree to waive this right from the date of this application until I complete the program. If this application is rejected, I agree to waive my 180-day trial right from the date of this application until the completion of the term of court next following the date of my notice of rejection. I also understand that I have a right to be represented by an attorney. I fully understand the charges against me and hereby formally waive any additional arraignment.

Appellee signed the application without seeking assistance from anyone in the District Attorney’s Office or from any attorney. He then immediately returned the application to the secretary and asked her when he would know anything about the application. Appellee alleges the secretary told him he would know “before the end of summer.” Appellee returned to college in the Fall of 1980, without receiving any notification as to the status or disposition of his'A.R.D. application. Appellee made no inquiries or attempts to determine the status of his A.R.D. application prior to returning to college.

[618]*618By letter dated October 27, 1980, appellee was notified that his A.R.D. application had been rejected. The letter informed appellee that because the outstanding charges constituted his third and fourth offenses and were therefore felonies, he did not qualify for A.R.D. The letter further informed appellee that his trial would be scheduled for the November trial term, which was the next term of court.4

Appellee failed to appear for his November 18, 1980 trial and on that day a bench warrant was issued. A motion to lift the bench warrant was filed by appellee’s counsel alleging lack of notice and on December 15, 1980, the bench warrant was lifted. Trial was then rescheduled for the January, 1981 term of court.

A plea to the charges was scheduled for January 14, 1981. Appellee’s counsel, on that day, had become aware for the first time that the charges were felonies and decided that appellee should not participate in the plea arrangement.

On January 16, 1981, appellee’s counsel filed a motion to strike appellee’s case from the trial list and requested that appellee be formally arraigned. Hearing on this motion was held after the January trial term; and thus the motion to strike the case from the trial list was deemed moot. However, appellee’s request to be arraigned was granted.

On February 2, 1981, the Commonwealth filed a petition for extension of time under Rule 1100, requesting that time be extended to March 81, 1981, so that appellee’s trial could be held during the March term of court. The Commonwealth’s petition alleged that appellee had waived his Rule 1100 right from the time he filed the A.R.D. application (April 7, 1980) until the A.R.D. application was refused (October 27, 1980); that trial was scheduled for the next term of court in November; that appellee was unavailable from the time the bench warrant was issued (November 18, 1980) until it was lifted upon motion of appellee’s counsel [619]*619(December 15, 1980); and that the failure to hold appellee’s rescheduled trial during the January term of court was due to a combination of several factors. These factors included the failed plea arrangement, defense counsel’s motion to strike the case from the January trial list and to have appellee formally arraigned and the shortage of judges available for trial in Erie County due to the illness of two judges and a vacancy on the bench. Hearings were held on February 9, 12 and 13, 1981 on the petition for extension of time. At these hearings, appellee testified that he was a college student; that he had read and signed the statement; and that, although he did not understand the statement he signed waiving his Rule 1100 right, he had sought assistance from no one while completing the A.R.D. application, including his father, who had accompanied him to the District Attorney’s office.

A trial court, by opinion and order dated March 9, 1981, granted the petition for extension of time. The lower court found that there was a lack of judicial resources in Erie County during the January, 1981 term of court. Additionally, the court found, “[A]s to the other issues, the facts are not in dispute and I agree with the Commonwealth as to the time to be excluded.”

Appellee, on March 3, 1981, with the advice of counsel, waived his right to a jury trial and his Rule 1100 right until “such time as trial testimony begins before the Judge assigned to hear the evidence in my (appellee’s) non-jury trial.” 5 On August 25, 1981, after trial before the Honorable William Pfadt, appellee was convicted of retail theft. Post-trial motions were filed and by order dated July 23, 1982, were denied. On August 2, 1982, appellee was sentenced to two (2) years probation on each offense, to run consecutively.

[620]*620Appellee appealed his judgment of sentence to the Superi- or Court which reversed appellee’s conviction and discharged appellee, holding that appellee’s Rule 1100 right had been violated, and thus, the Commonwealth’s petition for extension of time was untimely.6 Commonwealth v. Knupp, 340 Pa.Super. 304, 490 A.2d 1 (1985). We granted the Commonwealth’s petition for allowance of appeal and now reverse.

Rule 1100 requires that a defendant receive a prompt trial, which is ordinarily to begin within 180 days from the filing of the criminal complaint. A defendant may waive his Rule 1100 right.7 Commonwealth v. Manley, 491 Pa. 461, 421 A.2d 636 (1980). There are no formal requirements for a Rule 1100 waiver,

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Bluebook (online)
518 A.2d 252, 512 Pa. 614, 1986 Pa. LEXIS 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-knupp-pa-1986.