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ARTHUR LEE DAVIS v. COMMONWEALTH PENNSYLVANIA (01/09/80)

decided: January 9, 1980.

ARTHUR LEE DAVIS, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE ET AL., RESPONDENTS



Original jurisdiction in case of Arthur Lee Davis, Jr. v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole et al.

COUNSEL

Arthur Lee Davis, Jr., for himself, petitioner.

Robert A. Greevy, Assistant Attorney General, with him, Edward G. Biester, Attorney General, for respondent.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge Crumlish, Jr. This decision was reached prior to the expiration of the term of office of Judge DiSalle.

Author: Crumlish

[ 48 Pa. Commw. Page 366]

Arthur Lee Davis, Jr., in his motion, treated as a petition for review, alleges that the Pennsylvania Board of Probation and Parole failed to hold a timely revocation hearing. Motions for summary judgment were filed and we now dismiss the motion of Davis and grant the Board's.

The undisputed material facts are as follows:

1. On September 28, 1977, Davis was arrested while under parole supervision on charges of burglary, criminal trespass, simple and aggravated assault.

2. On October 5, 1977, a criminal preliminary hearing was held and a prima facie case established. A parole violation warrant was filed based on the new charges.

3. On November 15, 1977, Davis was found guilty.

4. On November 29, 1977, the Board's agent was notified of the conviction.

5. On December 19, 1977, Davis was sentenced to a term of ...


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