Commonwealth v. Zampier

In Commonwealth v. Zampier, 2008 PA Super 137, 952 A.2d 1179 (Pa. Super. 2008), the Superior Court held that when a defendant accepts ARD, but is subsequently removed from the program and convicted, the conviction will be considered a prior offense under Section 3806 if the conviction occurred within the ten year period, even if the ARD acceptance did not occur within that time period. Id. at 1182. Shortly after Zampier, the Superior Court decided Commonwealth v. Love, 2008 PA Super 218, 957 A.2d 765 (Pa. Super. 2008), in which it held that a defendant who accepted ARD, then committed a second offense, but was removed from the ARD program before being sentenced for the second offense, had a prior offense within the meaning of Section 3806 based on his acceptance into ARD. Id. at 771.