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COMMONWEALTH PENNSYLVANIA v. JAMES A. BELL (09/21/79)

filed: September 21, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES A. BELL, APPELLANT



No. 1609 October Term, 1978 Appeal from an Order of the Court of Common Pleas of Montgomery County, Criminal Division, at No. 2323-77.

COUNSEL

Ronald F. O'Driscoll, Assistant Public Defender, Assistant Chief, Appeals Division, Norristown, for appellant.

Eric J. Cox, Assistant District Attorney, Chief, Appeals Division, Norristown, for Commonwealth, appellee.

Cercone, Hester and Hoffman, JJ. Cercone, President Judge, and Hoffman, J., concur in the result.

Author: Hester

[ 269 Pa. Super. Page 561]

This is an appeal from an order of the Court of Common Pleas of Montgomery County revoking appellant's probation and imposing sentence.

In November of 1977, appellant pleaded guilty to conspiracy and theft and was sentenced to five years' probation. One week after sentence was imposed, appellant fled the jurisdiction to live with his aunt in North Carolina. He was arrested in January, 1978 and returned to Montgomery County.

On January 26, 1978, a Gagnon I hearing was held and five violations were established. Following a pre-sentence investigation and a psychiatric report, a Gagnon II hearing was held in April of 1978. At that hearing, the court found that appellant had committed four violations:

1. Absconding from supervision;

[ 269 Pa. Super. Page 5622]

. Changing employment without permission;

3. Illegal use of a schedule one controlled ...


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