Commonwealth v. Kindness

I agree with the majority that the appeal must fail. In my view, however, this is so because the rules that provide for the “accelerated rehabilitative disposition” of a criminal case1 are unconstitutional as an improper delegation of judicial power to the district attorney.

*112I History of the Case2

Appellant was arrested and indicted for operating a motor vehicle in Dauphin County under the influence of intoxicating liquor.3 After appellant’s arraignment but before trial, appellant’s attorney asked the district attorney to move that the case be considered for accelerated rehabilitative…