Commonwealth v. Fleming

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 Commonwealth states one issue for our consideration. “Did the District Attorney abuse his discretion when he followed established policies and…