Commonwealth v. Richey

Superior Court of Pennsylvania

Commonwealth v. Richey

372 A.2d 459, 247 Pa. Super. 274, 1977 Pa. Super. LEXIS 1611

CourtSuperior Court of Pennsylvania

DecidedMarch 31, 1977

DocketAppeal No. 661

StatusPublished

Cited by2 cases

This text of 372 A.2d 459 (Commonwealth v. Richey) is published on Counsel Stack Legal Research, covering Superior 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. Richey, 372 A.2d 459, 247 Pa. Super. 274, 1977 Pa. Super. LEXIS 1611 (Pa. Ct. App. 1977).

Pincite

Opinion

HOFFMAN, Judge:

Appellant contends that he is entitled to have the charges against him dismissed pursuant to Rule 1100(f), Pa.R. Crim.P., 19 P.S. Appendix. We agree.

The instant case is one of several appeals arising from the “Connellsville Police cases” in Fayette County. See Commonwealth v. Mancuso, 247 Pa.Super. 245, 372 A.2d 444 (filed March 31, 1977; J. 1682/83 1976; Commonwealth v. Borris, 247 Pa.Super. 276, 372 A.2d 459 (filed March 31, 1977); Commonwealth v. Mancuso, 247 Pa.Super. 266, 372 A.2d 454 (filed March 31, 1977; J. 1685 1976). The factual history has been set forth in Commonwealth v. Mancuso, supra, (J. 1685 1976), in which we ordered the charges against the appellants dismissed because the Commonwealth’s February 9, 1976 petition to extend was not timely. See Commonwealth v. Shelton, 469 Pa. 8, 364 A.2d 694 (1976); Commonwealth v. O’Shea, 465 Pa. 491, 350 A.2d 872 (1976); Commonwealth v. Woods, 461 Pa. 255, 336 A.2d 273 (1975). Therefore, based on our holding in Commonwealth v. Mancuso, supra, (J. 1685 1976), we order that the charges against the appellant be dismissed with prejudice.

VAN der YOORT, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

HOFFMAN, Judge:

Appellant contends that he is entitled to have the charges against him dismissed pursuant to Rule 1100(f), Pa.R. Crim.P., 19 P.S. Appendix. We agree.

The instant case is one of several appeals arising from the “Connellsville Police cases” in Fayette County. See Commonwealth v. Mancuso, 247 Pa.Super. 245, 372 A.2d 444 (filed March 31, 1977; J. 1682/83 1976; Commonwealth v. Borris, 247 Pa.Super. 276, 372 A.2d 459 (filed March 31, 1977); Commonwealth v. Mancuso, 247 Pa.Super. 266, 372 A.2d 454 (filed March 31, 1977; J. 1685 1976). The factual history has been set forth in Commonwealth v. Mancuso, supra, (J. 1685 1976), in which we ordered the charges against the appellants dismissed because the Commonwealth’s February 9, 1976 petition to extend was not timely. See Commonwealth v. Shelton, 469 Pa. 8, 364 A.2d 694 (1976); Commonwealth v. O’Shea, 465 Pa. 491, 350 A.2d 872 (1976); Commonwealth v. Woods, 461 Pa. 255, 336 A.2d 273 (1975). Therefore, based on our holding in Commonwealth v. Mancuso, supra, (J. 1685 1976), we order that the charges against the appellant be dismissed with prejudice.

VAN der YOORT, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

372 A.2d 459, 247 Pa. Super. 274, 1977 Pa. Super. LEXIS 1611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-richey-pasuperct-1977.

Opinion

Related

Cite This Page — Counsel Stack