Ballard v. Commonwealth

Opinion of the Court by

Justice CUNNINGHAM.

On January 13, 2005, Appellant, Brandon Jamor Ballard, pled guilty to illegal possession of a controlled substance; failure to be in possession of an operator’s license; third-degree criminal trespass; and loitering. In exchange for his plea, he was sentenced to the felony pretrial diversion program, with a one-year prison sentence diverted for three years. One of the conditions of Appellant’s diversion directed that he “shall not commit another offense during the pendency of pre-trial diversion.”

On December 21, 2006, during the diversion period,…