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COM. v. KINDNESS

247 Pa.Super. 99 (1977)

371 A.2d 1346

COMMONWEALTH of Pennsylvania v. Charles E. KINDNESS, Appellant.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

William H. Nast, Jr., Harrisburg, submitted a brief for appellant.

Reid H. Weingarten, Harrisburg, with him Marion E. MacIntyre, Second Assistant District Attorney, Harrisburg, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge:

Appellant was convicted, after a nonjury trial which he concedes was free of error, of driving under the influence of intoxicating liquor.1 This appeal followed. His sole contention is that he was unconstitutionally denied the right to participate in the Accelerated Rehabilitative Disposition program.

The A.R.D. program was created by the Pennsylvania Supreme Court in the exercise of its supervisory power over the...

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