Commonwealth v. Horne, PICS Case No. 14-0501 (Pa. Super. March 28, 2014) Lazarus, J. (15 pages).
Horne's first trial began on April 2, 2012. From the time Horne became available for trial in York County to April 2, 2013, 112 days elapsed for purposes of the IAD. Thus, no violation of the IAD time restriction occurred,
Next, trial court did not err in denying Horne's motion to dismiss based on speedy trial because the mechanical run date had not yet expired at the time of his last trial. Pa.R.Crim.P. 600 commenced tolling on Dec. 23, 2010 (the date York took custody of Horne) and continued for 111 days, until April 13, 2011, when commonwealth called the case for trial. The time during which the case was on appeal was excluded. Between Feb. 14, 2012, when Superior Court remanded, and May 14, 2012, when commonwealth called the last of Horne's cases to trial, 91 days elapsed. Because the last of Horne's cases began within 203 days of Horne becoming available for trial in York County, all of Horne's cases took place within the 365-day limit.
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