Commonwealth v. Drake, Appellant

Superior Court of Pennsylvania1978-05-05No. Appeal, No. 2246

256 Pa. Super. 517389 A.2d 165

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Opinion · public domain

majority opinion

Judgment of sentence affirmed.

dissent opinion

HOFFMAN and SPAETH, JJ.,

dissent. Appellant’s failure to file a written application under Pa.R.Crim.P. 1100(f) should not be held a waiver of his claim. See, Commonwealth v. Yancey, 251 Pa.Super. 478, 380 A.2d 880 (1977) (Dissenting Opinion by HOFFMAN, J.). WATKINS, former P. J., did not participate in the consideration or decision of this case.