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Commonwealth v. Mayle

Judgments of sentence reversed and charges dismissed because Commonwealth was required, and failed, to request a continuance once it became clear that defendant could not be tried within time periods mandated under the Interstate Agreement on Detainers.

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�1 Appellant, Robert Junior Mayle, asks us to determine whether the Commonwealth’s failure to bring Appellant to trial within the time periods set forth by Article III and Article IV of the Interstate Agreement on Detainers (IAD), 42 Pa.C.S.A. � 9101, warrant dismissal of the charges against him. We hold that the Commonwealth was required to request a continuance once it became clear that Appellant could not be tried within the time periods mandated under the IAD and that the Commonwealth’s failure to do so warrants dismissal of the charges. Thus we reverse the judgment of burglary, sentence and dismiss the charges.

�2 The relevant facts and procedural history of this appeal are as follows. Appellant appeals from the judgment of sentence entered on September 24, 1996 in the Greene County Court of Common Pleas following his conviction for aggravated assault, *fn1 robbery,*fn2 recklessly endangering another person,*fn3 *fn4 theft by unlawful taking, *fn5 criminal conspiracy *fn6 and criminal mischief. *fn7 Appellant also appeals from the judgment of sentence entered on November 12, 1996 in that same court, following his conviction for burglary, theft by unlawful taking, criminal conspiracy, recklessly endangering another person (two counts), arson and related offenses, *fn8 credit card violation (four counts), *fn9 and criminal mischief.

�3 Appellant’s convictions resulted from being implicated as a co- conspirator in burglaries that occurred on August 2, 1993 (“Tate case”) and August 7, 1993 (“Bowers case”). On March 28, 1994, the investigating officer filed complaints in both cases. Appellant was awaiting trial in Kentucky on unrelated charges at the time the complaints were filed. On December 13, 1994, the Commonwealth mailed a Request for Temporary Custody pursuant to Article IV of the IAD. Following the Commonwealth’s motions concerning attempts to obtain custody of the Appellant pursuant to the IAD, the court entered orders continuing the rule until January 3, 1995, February 3, 1995, and March 3, 1995.

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