NO. 1901 OCTOBER TERM, 1978, Appeal from Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Section, at No. 520 May Session 1974.
John W. Packel, Assistant District Attorney, Chief, Appeals Division, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Van der Voort, Hester and Wieand, JJ.
[ 273 Pa. Super. Page 206]
This is an appeal from a ruling by the lower court revoking appellant's probation and sentencing him to serve a term of imprisonment. The only grounds for this appeal are that the probation revocation hearing was not timely and that record notice to appellant of the hearing is lacking.
Appellant was arrested on August 15, 1977, and charged with burglary, possession of an instrument of crime, theft and unlawful taking. He was tried and convicted of these charges on December 15, 1977. On February 2, 1978, after
[ 273 Pa. Super. Page 207]
consideration of a pre-sentence report, appellant was sentenced to nine to twenty-three months and was immediately paroled to an in-patient treatment program for drug abusers at an institution known as Horizon House.
This adjudication was a direct violation of the term of probation that appellant was serving for Judge Edward B. Rosenberg, pursuant to a conviction in 1976 in which appellant pleaded guilty to burglary, criminal trespass and simple assault.
A hearing on whether appellant's probation should be revoked was first scheduled by Judge Rosenberg for March 2, 1978. On that date the hearing was continued due to the fact that the wrong "Edward Bryant" had been brought to the court house.
The second scheduled hearing was for April 4, 1978 and this hearing was also continued due to the absence of appellant. No explanation for the failure to bring appellant to court appears in the record.
The third scheduled hearing was set for May 2, 1978 and again the record fails to explain the absence of appellant. It is noted, however, in the notes of testimony for this aborted hearing that at this time appellant was an in-patient at the ...