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COM. v. BROCKLEHURST

491 Pa. 151 (1980)

420 A.2d 385

COMMONWEALTH of Pennsylvania, Appellee, v. Gary Douglas BROCKLEHURST, Appellant.

Supreme Court of Pennsylvania.

Decided September 22, 1980.

Reargument Denied November 3, 1980.

Attorney(s) appearing for the Case

Charles F. Gilchrest, Routman, Moore, Goldstone & Valentino, Sharon, for appellant.

Samuel J. Orr, Dist. Atty., David B. Douds, Asst. Dist. Atty., Mercer, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION

KAUFFMAN, Justice.

Appellant, Gary Douglas Brocklehurst, was convicted of burglary after a non-jury trial in Mercer County. After post-verdict motions were argued, appellant was discharged pursuant to Pa.R.Crim.P. 1100 ("Rule 1100"). On appeal, the Superior Court reversed and remanded for sentencing. We granted allocatur and now affirm.1

On June 22, 1977, the police filed a criminal complaint charging Gary...

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