Friday, August 15, 2008

Superior Court 8/15/08 - COMMONWEALTH OF PENNSYLVANIA v. BRIAN MICHAEL FLEMING

COMMONWEALTH OF PENNSYLVANIA v. BRIAN MICHAEL FLEMING

No. 2022 MDA 2007 2008 PA Super 191 Atlantic: n/a Filed: 8/15/2008
Appeal from the Order in the Court ofCommon Pleas of York County, Criminal Division,No. CP-67-CR-0002246-2007
Before: STEVENS, MUSMANNO and TAMILIA, JJ.
Opinion by: TAMILIA, J.
The Commonwealth appeals from the October 29, 2007, Order granting appellee Brian Fleming’s petition to direct the District Attorney of York County to accept him into the Accelerated Rehabilitative Disposition (ARD) program. Citing a 1998 Maryland felony drug conviction, the Commonwealth had refused to accept appellee into ARD following his March 14, 2007, arrest for driving under the influence (DUI).

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