Commonwealth v. Manning

CIRILLO, President Judge:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Delaware County granting the appellee’s petition to dismiss a drunk driving charge pursuant to Pennsylvania Rule of Criminal Procedure 1100 (speedy trial). The sole issue on appeal is whether the trial court erred in granting appellee’s Rule 1100 application when the court failed to list the case for trial based upon the Commonwealth’s refusal to place the appellee in the Accelerated Rehabilitative Disposition (ARD) program. We affirm.

On March 11, 1984, appellee collided with another…