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eBook details

• Title: Commonwealth Pennsylvania v. George Robinson
• Author : Superior Court of Pennsylvania No. 486 Philadelphia 1991
• Release Date : January 16, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The Municipal Court of Philadelphia dismissed charges against appellant George Robinson pursuant to Pa. R.Crim.P. 6013. The Commonwealth of Pennsylvania filed an appeal in the Court of Common Pleas from the order of the Municipal Court. The Court of Common Pleas reversed the order of the Municipal Court. Appellant has filed this appeal raising the following issue: whether dismissal under Rule 6013 was proper where the Commonwealth did not provide routine and required discovery until the applicable time period had expired.1 After reviewing the record, we reverse the order of the Court of Common Pleas and reinstate the order of the Municipal Court. Accordingly, appellant is discharged. Appellant was arraigned on charges of theft and receiving stolen property on August 6, 1988. Therefore, the automatic run date under Rule 6013 was December 5, 1988.2 Pursuant to Municipal Court procedure, the case was listed for status on August 17, 1988. Because discovery was not complete, the case was again listed for status on October 5, 1988. On October 5, 1988, the Commonwealth still had not provided discovery; therefore, the case was continued again. The case was listed for trial on November 1, 1988. On November 1, 1988, the Commonwealth still failed to provide discovery and the complaining witness failed to appear. Therefore, the case was continued to December 12, 1988. On December 12, the Commonwealth provided appellant with the requested discovery. At this time, appellant made a motion to dismiss the charges pursuant to Rule 6013. The Honorable Eric Lilian of the Municipal Court granted the motion. The Commonwealth filed an appeal to the Court of Common Pleas which reversed Judge Lilian's order and remanded the record for trial. Appellant then filed this timely appeal.

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