No. 941 April Term, 1978, Appeal from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Pennsylvania Criminal Division, entered on April 10, 1978, at No. CC7509167.
Patrick McFalls, Assistant Public Defender, Pittsburgh, for appellant.
Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for appellee.
Spaeth, Van der Voort and Watkins, JJ. Spaeth, J., concurs in the result.
[ 272 Pa. Super. Page 309]
This is an appeal from the judgment of sentence of the Court of Common Pleas of Allegheny County, Criminal Division, revoking probation.
The facts are as follows: On March 17, 1976, the defendant-appellant, Darrell D. Williams, pled guilty to burglary,
[ 272 Pa. Super. Page 310]
theft and receiving stolen property and was placed on probation for a five (5) year term.
While on probation, on September 25, 1977, the appellant was arrested and charged with burglary, theft by unlawful taking or disposition, and criminal conspiracy. On January 19, 1978, he was tried non-jury and adjudged guilty of burglary and criminal conspiracy. A sentence of eleven (11) and one-half (1/2) to twenty-three (23) months was imposed on March 21, 1978. The effective date of that sentence was October 28, 1977.
A probation revocation hearing was held on April 10, 1978, before Judge Robert E. Dauer. After the hearing the appellant's probation was revoked and he was sentenced to two (2) and one-half (1/2) to five (5) years. No post-revocation motions were filed by the appellant. This appeal followed.
The appellant asks this court to vacate the order revoking his probation and the imposition of sentence by reason of Pennsylvania Rule of Criminal Procedure 1409 which provides:
"[W]henever a defendant has been placed on probation or parole, the judge shall not revoke such probation or parole as allowed by law unless there has been a hearing held as speedily as possible at which the defendant is present and represented by counsel and there has been a finding of record that ...