Commonwealth v. Brown

FRANKS, J.,

Before the court is defendant’s motion to dismiss filed under Pa.R.Crim.P. 1100. In this case the complaint was filed on January 4, 1990. An ARD application was filed on December 3, 1990. By letter dated March 6, 1991, counsel for defendant was informed that the District Attorney’s Office rejected the ARD appli*326cation, i The instant motion to dismiss was filed on April 2, 1991, and a hearing thereon was held on May 1, 1991.

This court refuses to dismiss the case for the reasons herein stated.

We disagree with counsel for defendant that the Commonwealth has intentionally attempted to…