_ Allegheny County Clerk of Courts! Filed 11/18/2021 4:41 PM
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| IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PA CRIMINAL DIVISION | pS | COMMONWEALTH OF PENNSYLVANIA CRIMINAL DIVISION | 7 v TODD ROBINSON NO. CP-02-CR-0008906-2017 Defendant | . MOTION PURSUANT TO RULE 600 CHARGES: Aggravated Assault (2 counts), Possession of Firearm i Prohibited, Firearm not to be Carried w/out License, Fleeing or | Attempting to Elude Officer, Criminal Mischief, Recklessly Endangering Another Person (2 counts), Reckless Driving | | TRIAL JUDGE: : HON. RANDAL B.TODD,J. Filed on Behalf of Defendant: TODD ROBINSON | | COUNSEL FOR DEFENDANT: ' THOMAS N. FARRELL, ESQ. | PA LD. No. 61969 | ! i COUNSEL FOR DEFENDANT | Farrell & Associates 100 Ross Street, Suite 1 Pittsburgh, PA 15219 (412) 201-5159
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY county! CRIMINAL DIVISION |
COMMONWEALTH OF PENNSYLVANIA CRIMINAL DIVISION | , ! Vv. | ! TODD ROBINSON NO. CP-02-CR-0008906-2017 MOTION FOR DISMISSAL PURSUANT TO RULE 600
AND NOW, comes the Defendant, TODD ROBINSON, by and through his | Attorney, THOMAS N. FARRELL, ESQ., and files this Motion for Dismissdl Pursuant to Rule 600 of the Pennsylvania Rules of Criminal Procedure, and in sepa thereof argues the following: ' l. Defendant was charged by criminal information at NO. CP-02-CR- 0008906-2017 with two (2) counts each of aggravated assault! and sek | endangering another person”, and one (1) count each of possession of firearm Fronibited, | firearms not to be carried without license,’ flecing or attempting to elude officér,° | criminal mischief,° and reckless driving.’ , 2. Defendant was initially represented by Patrick Sweeney, Esquire of the Hl ‘ Allegheny County Public Defender’s Office. | ! | ! 18 § 2702 §§ A2 | 2 18 § 2705 3 18 § 6105 §§ Al i 4 18 § 6106 §§ Al 5 75§3733§§A ‘ 6 18 § 3304 §§ Al 7 75 § 3736 S8 A | | '
3. On May 7, 2018, Defendant filed Omnibus Pretrial Motions. 4, The Commonwealth filed a motion to amend the criminal infofmaton on August 3, 2018. 5. An Amended Omnibus Pre-Trial Motions were filed on April 19. | □ | 6. Also on April 8, 2019, the Court issued an Order granting the motion to amend the criminal information. | 7. A motions hearing was held on July 11, 2019, where the sionokbl Judge | Todd issued and Order for counsel to file a brief in support of the pre-trial motor within ten (10) days. | 8. Previous counsel, Patrick Sweeney, Esquire, filed a brief in support of the omnibus pre-trial motions on July 22, 2019. 9, On July 29, 2019, Judge Todd denied Defendant’s Omnibis Pretrial | Motions. 10. On August 14, 2019, Attommey Sweeney filed a motion to ceconsider the | defense motion to suppress. : ! | 11. On August 15, 2019, Patrick Sweeney, Esquire filed a motion | withdraw which was granted by Judge Todd on August 19, 2019. ! | 12. On August 19, 2019, Judge Todd appointed Randall McKinney, equi to represent Defendant. | 13. On December 13, 2019, Randall McKinney, Esquire filed a motion’ to | withdraw which was granted by Judge Todd on December 18, 2019. : 14, Oh December 18, 2019, instant counsel was appointed by Judge Todd: to | represent Defendant. : : ! □ |
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15. On October 28, 2020, instant counsel filed a motion to withdraw as □
counsel so that Defendant could represent himself pro se. 16. A hearing was scheduled on January 21, 2021 whereby couse! for both parties appeared by video along with Defendant. The Commonwealth was pean
by Assistant District Attorney Todd Williams. At that time, defense countel did not ensure that a waiver of Defendant’s presence was properly submitted. The hearing was generally continued. | ! | 17, On January 27, 2021, instant counsel filed a motion to vita ‘the motion to withdraw, | 18. On February 8, 2021, a hearing was held, where Judge Todd ruled iat instant counsel was to remain on Defendant’s case and granted instant counsellthirty (30) 7 days to file supplemental pre-trial motions. | 19. Instant counsel filed supplemental pre-trial motions on March 3 i, 2021 : 20. A status conference was held on May 5, 2021. | ! | 21. Assistant District Attorney Todd Williams xecently got off al case and | Assistant District Attorney Megan Sasinoski has taken over the case. | : | 22. _— A pre-trial motions hearing is scheduled for December 14, 2021; | 23. There has not been a date set for Defendant’s trial. Meanwhile, Defendant continues to be lodged in Allegheny County Jail awaiting his trial. | : | I. MOTION TO DISMISS po | 24, Paragraphs 1-23 are adopted and incorporated hereto as if wholiy set forth | herein. | pt : | po!
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25. Rule 600(A)(2) and (3) of the Rules of Criminal Procedure reads, in : pertinent part, as follows: { | : (2) Trial in a court case in which a written complaint is filed against the defendant, when the defendant is incarcerated on that case, i shall commence no later than 180 days from the date on which the complaint is filed. } ' il (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(A)(2) and (3). 2 ' 26. Rule 600(C) reads as follows: : ; (C) Computation of Time | (1) For purposes of paragraph (A), periods of delay at any stage of the proceedings caused by the Commonwealth when the Commonwealth has failed to : exercise due diligence shall be included in the computation _| of the time within which trial must commence. Any other periods of delay shall be excluded from the computation. (2) For purposes of paragraph (B), only periods of delay caused by the defendant shall be excluded from the | ' computation of the length of time of any pretrial ‘ incarceration. Any other periods of delay shall be included in the computation. | PaR.Crim.P. 600(C)(1) and (2). 27. Defendant contends that it has been over 365 days since the filing of the complaint and, as such, the charges should be dismissed. Je. | ‘ 1 I 28. Defendant understands that the filing of pretrial motions causes excludable . periods of time that toll the time for Rule 600. See Commonwealth v. Hill, 736 A.2d 578 4 | ‘ (Pa. 1999), t
29. From the date the criminal complaint was filed on July 26, '2017 vintil Defendant’s omnibus pre-trial motions were filed on May 7, 2018, there was | tolling of two hundred eighty-five days (285 days). This time should be counted Laon the | Commonwealth. Another twenty days (20 days) should be included from the time ‘the pre-trial motions were denied on July 29, 2019 until counsel filed a motion withdraw from Defendant’s case on August 15, 2019. ' ! | 30. From August 19, 2019, when new counsel was appointed, Randall. H. McKinney, Esquire, until counsel filed his motion to withdraw on December I, 2019, a | total of one hundred and sixteen days (116 days) had tolled. Within that ine the first | Assistant District Attorney Allison Bragle got off the case and was replaced with Assistant District Attorney Todd Williams on December 11, 2019. Thus, this le should be accredited to the Commonwealth. : t 31. At that point, the total amount of time that should be sce to the Commonwealth is four hundred and one days (401 days). Thus, Defendant was not brought to trial within the statutory amount of time pursuant to Rule 600. 32. Instant counsel was appointed to Defendant’s case on Decembet 18, 2019 and has filed several extensions of time and supplemental pre-trial motions. There is no additional time since instant counsel took over the case until present that should toll the time pursuant to Rule 600. ' i Po |
33. Defendant continues to reside at the Allegheny County Jail awaiting this | pre-trial motions hearing date on December 16, 2021.
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_ Allegheny County Clerk of Courts! Filed 11/18/2021 4:41 PM
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| IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PA CRIMINAL DIVISION | pS | COMMONWEALTH OF PENNSYLVANIA CRIMINAL DIVISION | 7 v TODD ROBINSON NO. CP-02-CR-0008906-2017 Defendant | . MOTION PURSUANT TO RULE 600 CHARGES: Aggravated Assault (2 counts), Possession of Firearm i Prohibited, Firearm not to be Carried w/out License, Fleeing or | Attempting to Elude Officer, Criminal Mischief, Recklessly Endangering Another Person (2 counts), Reckless Driving | | TRIAL JUDGE: : HON. RANDAL B.TODD,J. Filed on Behalf of Defendant: TODD ROBINSON | | COUNSEL FOR DEFENDANT: ' THOMAS N. FARRELL, ESQ. | PA LD. No. 61969 | ! i COUNSEL FOR DEFENDANT | Farrell & Associates 100 Ross Street, Suite 1 Pittsburgh, PA 15219 (412) 201-5159
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY county! CRIMINAL DIVISION |
COMMONWEALTH OF PENNSYLVANIA CRIMINAL DIVISION | , ! Vv. | ! TODD ROBINSON NO. CP-02-CR-0008906-2017 MOTION FOR DISMISSAL PURSUANT TO RULE 600
AND NOW, comes the Defendant, TODD ROBINSON, by and through his | Attorney, THOMAS N. FARRELL, ESQ., and files this Motion for Dismissdl Pursuant to Rule 600 of the Pennsylvania Rules of Criminal Procedure, and in sepa thereof argues the following: ' l. Defendant was charged by criminal information at NO. CP-02-CR- 0008906-2017 with two (2) counts each of aggravated assault! and sek | endangering another person”, and one (1) count each of possession of firearm Fronibited, | firearms not to be carried without license,’ flecing or attempting to elude officér,° | criminal mischief,° and reckless driving.’ , 2. Defendant was initially represented by Patrick Sweeney, Esquire of the Hl ‘ Allegheny County Public Defender’s Office. | ! | ! 18 § 2702 §§ A2 | 2 18 § 2705 3 18 § 6105 §§ Al i 4 18 § 6106 §§ Al 5 75§3733§§A ‘ 6 18 § 3304 §§ Al 7 75 § 3736 S8 A | | '
3. On May 7, 2018, Defendant filed Omnibus Pretrial Motions. 4, The Commonwealth filed a motion to amend the criminal infofmaton on August 3, 2018. 5. An Amended Omnibus Pre-Trial Motions were filed on April 19. | □ | 6. Also on April 8, 2019, the Court issued an Order granting the motion to amend the criminal information. | 7. A motions hearing was held on July 11, 2019, where the sionokbl Judge | Todd issued and Order for counsel to file a brief in support of the pre-trial motor within ten (10) days. | 8. Previous counsel, Patrick Sweeney, Esquire, filed a brief in support of the omnibus pre-trial motions on July 22, 2019. 9, On July 29, 2019, Judge Todd denied Defendant’s Omnibis Pretrial | Motions. 10. On August 14, 2019, Attommey Sweeney filed a motion to ceconsider the | defense motion to suppress. : ! | 11. On August 15, 2019, Patrick Sweeney, Esquire filed a motion | withdraw which was granted by Judge Todd on August 19, 2019. ! | 12. On August 19, 2019, Judge Todd appointed Randall McKinney, equi to represent Defendant. | 13. On December 13, 2019, Randall McKinney, Esquire filed a motion’ to | withdraw which was granted by Judge Todd on December 18, 2019. : 14, Oh December 18, 2019, instant counsel was appointed by Judge Todd: to | represent Defendant. : : ! □ |
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15. On October 28, 2020, instant counsel filed a motion to withdraw as □
counsel so that Defendant could represent himself pro se. 16. A hearing was scheduled on January 21, 2021 whereby couse! for both parties appeared by video along with Defendant. The Commonwealth was pean
by Assistant District Attorney Todd Williams. At that time, defense countel did not ensure that a waiver of Defendant’s presence was properly submitted. The hearing was generally continued. | ! | 17, On January 27, 2021, instant counsel filed a motion to vita ‘the motion to withdraw, | 18. On February 8, 2021, a hearing was held, where Judge Todd ruled iat instant counsel was to remain on Defendant’s case and granted instant counsellthirty (30) 7 days to file supplemental pre-trial motions. | 19. Instant counsel filed supplemental pre-trial motions on March 3 i, 2021 : 20. A status conference was held on May 5, 2021. | ! | 21. Assistant District Attorney Todd Williams xecently got off al case and | Assistant District Attorney Megan Sasinoski has taken over the case. | : | 22. _— A pre-trial motions hearing is scheduled for December 14, 2021; | 23. There has not been a date set for Defendant’s trial. Meanwhile, Defendant continues to be lodged in Allegheny County Jail awaiting his trial. | : | I. MOTION TO DISMISS po | 24, Paragraphs 1-23 are adopted and incorporated hereto as if wholiy set forth | herein. | pt : | po!
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25. Rule 600(A)(2) and (3) of the Rules of Criminal Procedure reads, in : pertinent part, as follows: { | : (2) Trial in a court case in which a written complaint is filed against the defendant, when the defendant is incarcerated on that case, i shall commence no later than 180 days from the date on which the complaint is filed. } ' il (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(A)(2) and (3). 2 ' 26. Rule 600(C) reads as follows: : ; (C) Computation of Time | (1) For purposes of paragraph (A), periods of delay at any stage of the proceedings caused by the Commonwealth when the Commonwealth has failed to : exercise due diligence shall be included in the computation _| of the time within which trial must commence. Any other periods of delay shall be excluded from the computation. (2) For purposes of paragraph (B), only periods of delay caused by the defendant shall be excluded from the | ' computation of the length of time of any pretrial ‘ incarceration. Any other periods of delay shall be included in the computation. | PaR.Crim.P. 600(C)(1) and (2). 27. Defendant contends that it has been over 365 days since the filing of the complaint and, as such, the charges should be dismissed. Je. | ‘ 1 I 28. Defendant understands that the filing of pretrial motions causes excludable . periods of time that toll the time for Rule 600. See Commonwealth v. Hill, 736 A.2d 578 4 | ‘ (Pa. 1999), t
29. From the date the criminal complaint was filed on July 26, '2017 vintil Defendant’s omnibus pre-trial motions were filed on May 7, 2018, there was | tolling of two hundred eighty-five days (285 days). This time should be counted Laon the | Commonwealth. Another twenty days (20 days) should be included from the time ‘the pre-trial motions were denied on July 29, 2019 until counsel filed a motion withdraw from Defendant’s case on August 15, 2019. ' ! | 30. From August 19, 2019, when new counsel was appointed, Randall. H. McKinney, Esquire, until counsel filed his motion to withdraw on December I, 2019, a | total of one hundred and sixteen days (116 days) had tolled. Within that ine the first | Assistant District Attorney Allison Bragle got off the case and was replaced with Assistant District Attorney Todd Williams on December 11, 2019. Thus, this le should be accredited to the Commonwealth. : t 31. At that point, the total amount of time that should be sce to the Commonwealth is four hundred and one days (401 days). Thus, Defendant was not brought to trial within the statutory amount of time pursuant to Rule 600. 32. Instant counsel was appointed to Defendant’s case on Decembet 18, 2019 and has filed several extensions of time and supplemental pre-trial motions. There is no additional time since instant counsel took over the case until present that should toll the time pursuant to Rule 600. ' i Po |
33. Defendant continues to reside at the Allegheny County Jail awaiting this | pre-trial motions hearing date on December 16, 2021. WHEREFORE, Defendant respectfully requests that he be discharged from all of the pending charges. Respectfully submitted, I ' A I . /s/ Thomas N. Farrell | Thomas N. Farrell Attomey for the Defendant Pa. Id. No. 61969
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| IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA 2 COMMONWEALTH OF PENNSYLVANIA CRIMINAL DIVISION : | ! | V.
TODD ROBINSON NO. CP-02-CR-0008906-2017
ORDER OF COURT ! ' | | AND NOW, this day of 2021, upon consideration of the foregoing Motion for Dismissal Pursuant to Rule 600 of the | Pennsylvania Rules of Criminal Procedure, it is hereby ordered that the charges against | the Defendant be DISMISSED. | : BY THE COURT i_, J. | 2 !
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| CERTIFICATE OF SERVICE I, Thomas N. Farrell, Esquire, do hereby certify that ] served a true and correct Lean oe copy of the within Motion for Dismissal and Nominal Bond Pursuant to □□ of.ithe | Pennsylvania Rules of Criminal Procedure upon the following parties this __ | day of | November 2021 to the following: Service by hand-delivery as follows: Honorable Randal B. Todd | Allegheny County Courthouse | 436 Grant Street Pittsburgh, PA 15219 Assistant District Attorney Megan Sasinoski Allegheny County Office of the District Attorney 436 Grant Street Pittsburgh, PA 15219 Court Administration — Criminal Division ! | Allegheny County Courthouse 436 Grant Street ' ' Pittsburgh, PA 15219
/s/ Thomas N. Farrell THOMAS N. FARRELL ATTORNEY FOR THE DEFENDANT '! PA LD. NO. 61969 |
| Farrell & Associates 100 Ross Street, Suite | Pittsburgh, PA 15219 : | (412) 201-5159
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| bo! . ! , CERTIFICATE OF COMPLIANCE | I certify that this filing complies with the provisions of the Public Access | Policy of the Unified Judicial System of Pennsylvania: Case Records of the sphettate and Trial Courts that require filing confidential information and documents sittelently than | | non-confidential information and documents, Hy 1 i | pot | Submitted by: Thomas N. Farrell, Esquire | : Signature: _/s/ Thomas N. Farrell ' Name: Thomas N. Farrell, Esquire
Attomey No.: 61969 | ‘
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CERTIFICATE OF COMPLIANCE I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Ti rial Courts that require filing confidential information and documents differently than non- confidential | information and documents. Submitted by: Thomas N. Farreli, Esquire
| Signature: /s/ Thomas N. Farrell Name: Thomas N. Farrell, Esquire Attorney No.: 61969
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