No. 1417 OCTOBER TERM, 1978, Appeal from the Order of Court of Common Pleas, Criminal Trial Division of Philadelphia County Nos. 398-399 December Session 1974
John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Van der Voort, Wieand and Lipez, JJ. Wieand, J., dissents.
[ 270 Pa. Super. Page 593]
This case involves defendant's appeal from an order of the Common Pleas Court of Philadelphia County entered on April 17, 1978 revoking a parole on a sentence ordered by Judge Doty on October 23, 1975.
The defendant's appeal is based upon his claim that the revocation of his parole is invalid because it is contrary to the specific language of Rule 1409, Pa.R.Cr.P. which states:
Whenever 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. . . . (Emphasis added)
The following is the pertinent chronology:
February 20, 1975 -- Defendant found guilty of burglary and theft, and placed on three years probation.
October 23, 1975 -- Hearing on violation of probation before Judge Doty. Probation revoked, and defendant sentenced for 3 to 23 months in County Prison with credit for time served from July 18, 1975. Same day defendant paroled to Drug Unit. (The sentence would normally have expired on June 18, 1977).
April 4, 1977 -- Defendant was found guilty before Judge Smith of unlawful restraint; possession of an instrument ...