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COMMONWEALTH v. KALE (12/20/76)

SUPERIOR COURT OF PENNSYLVANIA


December 20, 1976

COMMONWEALTH
v.
KALE, APPELLANT.

COUNSEL

Calvin S. Drayer, Jr., Assistant Public Defender, for appellant; Eric J. Cox, Assistant District Attorney, and William T. Nicholas, District Attorney, for Commonwealth, appellee.

Per Curiam: There is no indication on the record that appellant received the required written notice prior to his probation revocation hearing. The judgment of sentence, therefore, is reversed and the case remanded with instructions to hold a new probation revocation hearing after written notice of the alleged violations. Commonwealth v. Stratton, 235 Pa. Super. 566, 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa. Super. 498, 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa. Super. 57, 331 A.2d 836 (1974). VAN der VOORT, J., dissents.

19761220

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