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COMMONWEALTH PENNSYLVANIA v. KIRK ALAN HUNTER (01/05/82)

filed: January 5, 1982.

COMMONWEALTH OF PENNSYLVANIA,
v.
KIRK ALAN HUNTER, APPELLANT



No. 51 Pittsburgh, 1981, Appeal from Order of the Court of Common Pleas, Criminal Division, of Mercer County at No. 327 of 1980.

COUNSEL

Raymond H. Bogaty, Grove City, for appellant.

Charles S. Hersh, Assistant District Attorney, Mercer, for Commonwealth, appellee.

Wickersham, Wieand and Beck, JJ.

Author: Wickersham

[ 294 Pa. Super. Page 53]

This appeal involves a construction of the provisions of the Pennsylvania Rules of Criminal Procedure relating to accelerated rehabilitative disposition.

Rule 175 of the Pa.R.Crim.P. provides:

After a defendant is held for court by an issuing authority, the attorney for the Commonwealth, upon his own motion or upon request of the defendant's attorney, may submit the transcript returned by the issuing authority to a judge empowered to try cases on information or indictment and may move that the case be considered for accelerated rehabilitative disposition.

Rule 179(c) of the Pa.R.Crim.P. provides:

After hearing the facts of the case, if the judge believes that it warrants accelerated rehabilitative disposition, he shall order the stenographer to reopen the record and he shall state to the parties the conditions of the program.

Kirk Alan Hunter was charged with criminal offenses, including burglary, receiving stolen property and criminal conspiracy. An application by the district attorney, in which Hunter joined, was duly made for accelerated rehabilitative disposition and a hearing held by the Honorable Albert E. Acker of the Mercer County Court of Common Pleas. After hearing the facts of the case, Judge Acker denied accelerated

[ 294 Pa. Super. Page 54]

    rehabilitative disposition by order filed December 23, 1980. Kirk Alan Hunter ...


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