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COM. v. BENN

544 Pa. 144 (1996)

675 A.2d 261

COMMONWEALTH of Pennsylvania, Appellee, v. Paul Michael BENN, Appellant.

Supreme Court of Pennsylvania.

Decided April 16, 1996.

Attorney(s) appearing for the Case

Roger B. Reynolds, Jr., Norristown, for P.M. Benn.

Mary MacNeil Killinger, Norristown, Maria L. Durante, for Commonwealth.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from an order of the Superior Court, 444 Pa.Super. 672, 663 A.2d 244, which reversed an order of the Court of Common Pleas of Montgomery County requiring that appellant, Paul Michael Benn, be placed in an accelerated rehabilitative disposition (ARD) program.

In 1993, appellant was charged with driving while under the influence of alcohol. To avoid facing trial on this charge...

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