# Commonwealth v. Brown

> Superior Court of Pennsylvania · March 29, 1996 · 449 Pa. Super. 346

URL: https://www.frixlaw.com/law-library/cases/9533880

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Antoine BROWN, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 29, 1996
- **Citations:** 449 Pa. Super. 346; 673 A.2d 975; 1996 Pa. Super. LEXIS 783
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wieand
- **Judges:** Wieand, Tamilia, Montemuro
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9533880

## How later opinions describe it (automated extraction)

- holding that the trial court erred by admitting impeachment evidence of a witness’ prior theft arrest, but that the error was harmless
- recognizing that “numerous cases” have held that admission into an ARD program is not a conviction that may be used for impeachment
- recognizing that when dealing with statutory mandate, such as section 3731(e)(2), acceptance of ARD is considered a conviction

## Opinion text

WIEAND, Judge,
concurring and dissenting.
I agree with the majority that the trial court erred by allowing appellant to be impeached with his prior admission into an Accelerated Rehabilitative Program (ARD) following *359 an arrest for theft. However, I cannot agree that this error was harmless beyond a reasonable doubt. Accordingly, I would reverse the judgment of sentence and remand for a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9533880. Public record. Not legal advice.