¶1concurring.
¶2I join the majority opinion. As the majority notes, this case is being considered along with Commonwealth v. Scher, 569 Pa. 284, 803 A.2d 1204 (2002). I have filed a concurring opinion in Scher, addressing my view of the proper standard to be applied under the second part of the due process test set forth in United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971), and United States v. Lovasco, 431 U.S. 783, 97 S.Ct. 2044, 52 L.Ed.2d 752 (1977), which involves consideration of the reasons for the delay. Since the majority here decides this case exclusively with reference to the first part of the Marion/Lovasco test, which requires a showing of actual prejudice, I join.