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DEWITT DAVID POINDEXTER v. COMMONWEALTH PENNSYLVANIA (11/02/79)

decided: November 2, 1979.

DEWITT DAVID POINDEXTER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Dewitt David Poindexter v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Dewitt David Poindexter, petitioner, for himself.

Stephen J. Mascherino, Assistant Attorney General, Robert A. Greevy, Assistant Attorney General, and Edward G. Biester, Jr., Attorney General, for respondent.

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

Author: Craig

[ 47 Pa. Commw. Page 184]

Petitioner was serving a sentence of five-to-twenty years at the State Correctional Institution at Graterford with a recomputed minimum sentence date of September 22, 1976 and maximum date of September 22, 1991, when he was assigned to the Philadelphia Community Treatment Center.*fn1 He absconded from the Center on December 27, 1975.

In August of 1976, he was arrested and charged with escape and several other offenses. The prosecution

[ 47 Pa. Commw. Page 185]

    withdrew the other charges without prejudice in January of 1977, and, on March 15, 1977, the court dismissed the charge of escape pursuant to Pennsylvania Rule of Criminal Procedure 1100.*fn2

Also on March 15, the Pennsylvania Board of Probation and Parole (Board) decided that petitioner's parole consideration would be continued pending disposition of the new criminal charges and that in the interim he would continue serving his five-to-twenty year sentence.

However, after the escape charge was dismissed, petitioner did not return to the Center.

He was arrested again on November 20, 1978*fn3 and transferred back to Graterford on November 22, 1978.*fn4

On November 24, 1978, petitioner received notice from the records officer at Graterford of proposed administrative action to modify his sentence to reflect all his "escape" time of two years, ten months ...


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