DocketNumber: No. 00662
Judges: Cercone, Hudock, Popovich
Filed Date: 11/12/1991
Status: Precedential
Modified Date: 11/13/2024
This is an appeal from a non-final order which set the amount of restitution to be paid by appellant as a condition for his acceptance into an Accelerated Rehabilitative Disposition (ARD) program. For the reasons set forth below, we quash this appeal as interlocutory.
Appellant, Dennis Eugene Getz, was placed in the ARD program in Clinton County on January 5, 1990 after being charged with three counts of arson,
Under the lower court’s order of January 5, 1990, the restitution complained of by appellant was a condition for his acceptance in the ARD program. As the Honorable Charles F. Greevy has correctly stated in the lower court opinion filed February 21, 1991, proceeding under the ARD program is not a right. Trial court opinion at 5. Accord Commonwealth v. Feagley, supra. Appellant’s remedy, if he is dissatisfied with the terms and conditions of the ARD program, is to notify the trial court and the District Attorney of Clinton County regarding his non-acceptance. Pursuant to Pa.R.Crim.P., Rules 179(d), 183, and 184(c), 42 Pa.C.S.A., the trial court may then enter a non-appealable interlocutory order terminating appellant’s participation in the program. Appellant’s case would then proceed to the trial which has been postponed during the term of appellant’s participation in the ARD program. Id.
Appeal quashed.
. 18 Pa.C.S.A. § 3301(a)(1), (c)(1), and (c)(2).
. Id. § 3502(a).
. Id. § 3304(a)(1).