David Schwing was originally indicted for five counts of sale of cocaine to the same police informant on different dates in April, May, and June of 1980. One of the counts was dismissed early in the case and was not the subject of any plea negotiations. Ultimately Schwing pled guilty to counts I and II in exchange for a dismissal of counts III and IV. Schwing was sentenced by Superior Court Judge Mark Rowland, who suspended imposition of sentence and placed Schwing on probation for a period of three years. Judge Rowland imposed the following special conditions of probation: 1) The defendant was required to serve six months in a correctional facility; 2) the defendant was required to make restitution in the amount of $2,800; and 3) upon release the defendant was to enter and successfully complete a drug rehabilitation program such as Akeela House.