Opinion
Submitted September 13, 1976.
July 21, 1977.
Proceedings on petition for extension of time for commencement of trial under Pa.R.Crim.P. 1100. Before TREDINNICK, J. Order entered dismissing petition. Commonwealth appealed. Appeal, No. 1579, Oct. T., 1976, from Court of Common Pleas of Montgomery County, Oct. T., 1975, Nos. 5441, 5441.1, and 5441.2. Submitted September 13, 1976.
William T. Nicholas, District Attorney, for Commonwealth, appellant.
Calvin S. Drayer, Jr., Assistant Public Defender, for appellee.
The order denying the Commonwealth's petition for extension of time for the commencement of trial, pursuant to Pa.R.Crim.P. 1100(c), is reversed. The case is remanded for further hearing and for findings on whether the prosecution exercised due diligence and whether the judicial delay was justified in light of Commonwealth v. Mayfield, 469 Pa. 214, 364 A.2d 1345 (1976).