Superior Court 6/2/08 - COMMONWEALTH OF PENNSYLVANIA v. TAMOSEN STATEN

COMMONWEALTH OF PENNSYLVANIA v. TAMOSEN STATEN
No. 2094 EDA 2006 2008 PA Super 118 Atlantic: n/a Filed: 6/2/2008
Appeal from the Order July 7, 2006In the Court of Common Pleas of Philadelphia CountyCriminal at No(s): M.C.# 05-09-3174
Before: STEVENS, DONOHUE, and FITZGERALD, JJ.
Opinion by: STEVENS, J.
This is an appeal from an order that denied Appellant’s petition to the Court of Common Pleas of Philadelphia County for a writ of certiorari. Appellant contends the Court of Common Pleas erred in denying his writ and motion for discharge based on the Commonwealth’s alleged violation of Pa.R.Crim.P. 1013, Prompt Trial—Municipal Court, because his Municipal Court trial commenced eight days beyond the 180 day Mechanical Run Date. As the record reveals the eight day overrun occurred despite both the Commonwealth’s due diligence in bringing Appellant to trial in compliance with to Rule 1013 and the court’s rescheduling trial for the earliest possible date, we affirm.

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