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JOSEPH WOODALL v. COMMONWEALTH PENNSYLVANIA (11/30/78)

decided: November 30, 1978.

JOSEPH WOODALL, A/K/A ABDULLAH YUSEF ALI AHMAD, S.C.I.G. F-0950, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Joseph Woodall, a/k/a Abdullah Yusef Ali Ahmad, S.C.I.G. F-0950, v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Joseph Woodall, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 38 Pa. Commw. Page 643]

The matter before us for consideration is a Petition for Review from an order of the Pennsylvania Board of Probation and Parole (Board) ordering petitioner recommitted as a convicted and technical parole violator. The issues have been submitted on briefs, upon consideration of which we grant respondent Board's cross-motion for summary judgment.

The facts are not materially disputed. On December 18, 1967, petitioner was sentenced to a term of 5 years to 15 years for the offense of aggravated robbery. Paroled on this sentence, on October 5, 1971, petitioner reentered to begin serving a 1 and 1/2 year to 20 year term also for aggravated robbery handed down September 16, 1969. Following his release under parole supervision on May 3, 1973, petitioner was arrested by Philadelphia police November 16, 1975, on a variety of charges. On November 17, 1975, petitioner posted bail on the new charges and was released.

[ 38 Pa. Commw. Page 644]

The following day, pursuant to a Board warrant, petitioner was arrested. After a detention hearing on November 25, 1975, the Board took action to detain petitioner pending disposition of the new charges. The Board subsequently*fn1 rescinded this action and continued petitioner on parole.

Trial on the new charges was held May 14-24, 1976, at which petitioner was found guilty. During the course of the trial, petitioner "disappeared" and was was convicted and sentenced in absentia.

Petitioner was eventually apprehended on January 21, 1978, and afforded a preliminary hearing on his parole violation 10 days later. Ordered returned as a technical and convicted parole violator on March 17, 1978, petitioner received full board consideration on May 4, 1978, pursuant to which petitioner was ordered recommitted.

Petitioner initially alleges an infringement of his right to bail by virtue of the Board's action detaining him the day after his release on bail. On facts substantially similar Judge Shadle stated in the controlling case of Commonwealth ex rel. Brooks v. Lindsey, (Civil Action 411 C.P. York Co., March 22, 1973), aff'd, 228 Pa. Superior Ct. 759, 312 A.2d 800 (1973):

[I]t is clear that petitioner's constitutional right to bail on the new charge has not been impaired by the filing of the parole detainer. Bail has been fixed for that offense and petitioner is entitled to furnish it and be released from custody so far as that charge is concerned. The fact that the ...


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