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COM. v. PYPIAK

728 A.2d 970 (1999)

COMMONWEALTH of Pennsylvania, Appellant, v. Frank A. PYPIAK, Appellee.

Superior Court of Pennsylvania.

Filed April 20, 1999.

Attorney(s) appearing for the Case

Peter Paul Olszewski, Jr., Dist. Atty., and Frank P. Barletta, Asst. Dist. Atty., Wilkes-Barre, for Commonwealth.

Franklin E. Kepner, Jr., Berwick, for appellee.

Before DEL SOLE, STEVENS and ORIE MELVIN, JJ.

DEL SOLE, J.:

¶ 1 The Commonwealth appeals from an order directing Appellee's admission into an Accelerated Rehabilitative Disposition (ARD) program. The sole issue raised on appeal is whether the trial court erred in ordering Appellee's admission into the program. We reverse.

¶ 2 Appellee was charged with two counts of driving under the influence, 75 Pa.C.S.A. § 3731(a)(1) and 75 Pa.C.S.A. § 3731(a)(4)(i) and applied for Accelerated Rehabilitative...

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