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COM. v. LUTZ

508 Pa. 297 (1985)

495 A.2d 928

COMMONWEALTH of Pennsylvania, Petitioner, v. Edward E. LUTZ, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. Ronald NESTOR, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. Paul D. CLINE, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. John Shand FRICK, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. Joseph P. CONWAY, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. James GIAMP, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. Donald Ray FAUST, Jr., Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. Michael Barron EMERT, Respondent. COMMONWEALTH of Pennsylvania, Petitioner, v. George MACALLISTER, Respondent.

Supreme Court of Pennsylvania.

Submitted March 5, 1985.

Decided June 26, 1985.

Attorney(s) appearing for the Case

John J. Driscoll, Dist.Atty., Donna J. McClelland, Mary Beth Taylor, Asst.Dist.Attys., Greensburg, Robert E. Colville, Dist.Atty., Robert L. Eberhardt, Deputy Dist.Atty., Pittsburgh, for petitioner.

Bernard McArdle, Stewart, McCormick & McArdle, Greensburg, for Lutz.

Mary Baloh, Kradel and Himler, Latrobe, for Nestor and Emert.

George Lynch, Latrobe, for Cline.

Richard H. Galloway, Richard H. Galloway & Associates, P.C., Greensburg, Ross S. Bash, Delmont, for Frick.

Joseph Cassarino, Charles R. Conway, Gary A. Falatovich, Greensburg, for Conway.

Thomas W. Brown, Pittsburgh, for Giamp.

Gregory Cecchetti, Asst. Public Defender, Greensburg, for Faust.

Angelea Mitas, Office of the Public Defender, Greensburg, for MacAllister.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

On application of attorneys for the Commonwealth, we have assumed plenary jurisdiction in the above-captioned nine cases, which have been consolidated herein for determination. Although these cases come to us in various procedural postures, the dispositive question in each is whether in a prosecution for drunk driving under the Motor Vehicle Code, 75 Pa.C.S.A. 3731, a defendant may be admitted to Accelerated Rehabilitative...

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