¶1concurring.
¶2I concur in the result reached today by the majority. However, I would hold that the trial commenced on April 21, 1978 for purposes of Rule 1100, rather than attributing the delay in the trial to Appellee’s requested continuance of March 9,1978. It is clear that the delay in the trial was not related to the Appellee’s request for a continuance of the March 27,1978 trial date, but rather the delay was attributable to the Appellee’s request for a jury trial. The record demonstrates that the Commonwealth and the trial court were prepared to proceed on a non-jury basis on April 21, 1978. It would be unjust to penalize the Commonwealth for the delay in the trial when the delay was caused by the Appellee’s wish to exercise one of his constitutional rights, a trial by jury. Accordingly, I concur with the action of the majority in reversing the Order of the Superior Court.