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COM. v. JOHNSON

405 Pa.Super. 363 (1991)

592 A.2d 706

COMMONWEALTH of Pennsylvania v. Robert JOHNSON, Appellant.

Superior Court of Pennsylvania.

Filed June 10, 1991.

Attorney(s) appearing for the Case

Paul George, Philadelphia, for appellant.

John K. McDonald, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before CIRILLO, OLSZEWSKI and CERCONE, JJ.

CERCONE, Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Philadelphia County. The issue in this case is whether the lower court erred in denying appellant's motion to dismiss under criminal procedure rules 1100 and 6013. Pa.R.Crim.P., Rules 1100 and 6013, 42 Pa.C.S.A. We find that the lower court abused its discretion in denying the motion.

The relevant facts are...

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