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353 Pa. Super. 137

509 A.2d 373

Commonwealth v. Roeder

Supreme Court of Pennsylvania

Decided May 16, 1986

Supreme Court of Pennsylvania · decided 1986-05-16

Cited by 14 later decisions — most recently April 1998

14 state decisions

Key passage — most relied on by later courts

“[t]he district attorney is provided discretion in administering the A.R.D. program. See Pa.Rule of Crim.Pro. 175, 176. We cannot conclude that his policy of refusing to permit offenders with a prior felony record into the program is an abuse of discretion. This is so even though the felony conviction occurred thirteen years prior ...”

quoted by 1 later decision, including 358 Pa. Super. 233 - Commonwealth v. Mowry

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-16

View the full empirical analysis of this case →

WATKINS, Judge:

¶1 This case comes to us on appeal from the Court of Common Pleas of Lycoming county and involves defendant-appellant’s appeal from a non-jury conviction on a charge of driving under the influence.

¶2 The defendant had applied to the District Attorney for acceptance into the Accelerated Rehabilitation Disposition program. This application was denied by the District Attorney. The defendant had a prior felony record involving drug delivery charges in 1971. Defendant argues that the District Attorney abused his discretion in refusing to admit him to the A.R.D. program. We disagree. The district attorney is provided discretion in administering the A.R.D. program. See Pa.Rule of Crim.Pro. 175, 176. We cannot conclude that his policy of refusing to permit offenders with a prior felony record into the program is an abuse of *139 discretion. This is so even though the felony conviction occurred thirteen years prior to the indicent giving rise to the driving while under the influence charge.

¶3 Judgment of sentence affirmed.

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