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Commonwealth v. Mines

Judgment of sentence affirmed; failure to bring defendant to trial within 365 days after complaint was filed was result of an excusable delay caused by defendant, his counsel or court congestion and was beyond control of Commonwealth.

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� 1 Ricardo Mines appeals from the judgment of sentence entered following his conviction for possession with intent to deliver and knowing and intentional possession of crack cocaine. Mines was sentenced to two to ten years imprisonment. We affirm.

� 2 The sole issue on appeal is whether the trial court erred in denying Mines’ Pa.R.Crim.P. 600 motion for dismissal (former Rule 1100). On the last two listings before the mechanical rundate, Mines was not brought down from state custody. Mines claims this delay should be attributed to the Commonwealth. We disagree. The delay was caused because the writ to bring Mines to court was not honored due to overcrowding in the Philadelphia County prisons. The delay is not attributable to the Commonwealth.

� 3 A full discussion follows.

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