Appeal from the Order dated November 26, 1985 in the Court of Common Pleas of Delaware County, Criminal at No. 5940 of 1984.
Joseph J. Mittleman, Assistant District Attorney, Media, for Com., appellant.
Ruth R. Shafer, Assistant Public Defender, Media, for appellee.
McEwen, Del Sole and Kelly, JJ.
[ 362 Pa. Super. Page 260]
The Commonwealth in this case has appealed the order of the trial judge which granted Victor Rocco's petition for disposition under Section 17 of the Controlled Substance, Drug Device and Cosmetic Act. The statute provides:
§ 780-117. Probation without verdict.
A person may be entitled to probation without verdict under the following circumstances:
(1) A person who has not previously been convicted of an offense under this act or under a similar act of the United States, or any other state, is eligible for probation without verdict if he pleads nolo contendere or guilty to, or is found guilty of, any nonviolent offense under this act. The court may, without entering a judgment, and with the consent of such person, defer further proceedings and place him on probation for a specific time period not to exceed the maximum for the offense upon such reasonable terms and conditions as it may require.
Probation without verdict shall not be available to any person who is charged with violating clause (30) of subsection (a) of section 13 of this act and who is not himself a drug abuser and who does not prove the fact of such drug abuse to the satisfaction of the court.
(2) Upon violation of a term or condition of probation, the court may enter a judgment and proceed as in any criminal case, or may continue the probation without verdict.
(3) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal shall ...