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COM. v. FLEMING

No. 2022 MDA 2007

955 A.2d 450 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Brian Michael FLEMING, Appellee.

Superior Court of Pennsylvania.

Filed August 15, 2008.

Attorney(s) appearing for the Case

Seth F. Bortner, Assistant District Attorney, York, for Commonwealth, appellant.

Jeffery A. Rowe, York, for appellee.

BEFORE: STEVENS, MUSMANNO and TAMILIA, JJ.

OPINION BY TAMILIA, J.:

¶ 1 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).

¶ 2 On appeal, the...

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