Marsh v. Commonwealth

Dissenting Opinion by

Judge Barry:

I dissent.

The special condition of parole was imposed so that petitioner would receive the structured drug treatment program in order to address his drug addiction. He was discharged from the drug program because he divulged confidential information. His dismissal did not result because of drug abuse, the problem which the special condition sought to remedy. Since the intent for which the condition was imposed was not violated, I would reverse.