No. 290 October Term, 1979, Appeal from Judgment of Sentence imposed January 12, 1979 of the Court of Common Pleas, Criminal Division, of Montgomery County, No. 558, April Term, 1972.
Arthur J. King, Assistant Public Defender, Norristown, for appellant.
John J. Burfete, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Spaeth, Hester and Cavanaugh, JJ.
[ 276 Pa. Super. Page 109]
This is the third time this matter has been before us. The defendant appeals from the judgment of sentence imposed after a revocation of probation hearing. He asks that the judgment be vacated and that he be discharged. He presents two issues: (1) whether his probation revocation hearing was held with reasonable promptness as required by court decisions interpreting Pa.R.Crim.P. 1409 and (2) whether his probation revocation hearing satisfied due process requirements. We find both issues to be meritless and therefore affirm.
On September 6, 1972 the defendant pleaded guilty to burglary and was sentenced to five years' probation in Montgomery County. On March 21, 1976, he was arrested in Philadelphia on charges of robbery, aggravated assault, and simple assault. On March 24, 1976 a detainer was lodged against him for a possible probation violation. After a
[ 276 Pa. Super. Page 110]
preliminary hearing on the charges of robbery, aggravated assault, and simple assault the defendant was held for trial in Philadelphia.
On June 11, 1976, a probation revocation hearing was held and defendant was sentenced to five to fifteen years' imprisonment. The defendant appealed and on March 31, 1977, this court vacated the sentence and remanded for another probation revocation hearing since the defendant had not been given written notice of the claimed violations of probation prior to the hearing. Commonwealth v. Honeyblue, 246 Pa. Super. 442, 371 A.2d 919 (1977).
On April 15, 1977, a second probation revocation hearing was held. Again, the defendant was found to have violated probation and was sentenced to imprisonment. Again defendant appealed to this court. On December 29, 1978, 487 Pa. 409, 409 A.2d 834, we vacated the sentence and remanded the case since we held that written notice of the claimed violations of probation given to the defendant the night before the hearing did not satisfy procedural due process. Commonwealth v. Honeyblue, 262 Pa. Super. 137, 396 A.2d 683 (1978). Prior to this second probation revocation hearing, the defendant's trial on the Philadelphia charges ended in a hung jury. When the defendant was retried later in 1977, sometime after the second probation revocation hearing, he was convicted and given a prison sentence.
On January 12, 1979, after advance written notice to the defendant, a third probation revocation hearing was held. At the hearing the defendant was found in violation of probation and was sentenced to five to fifteen years' imprisonment to run concurrent with the Philadelphia sentence.
Defendant's first argument is that the probation revocation hearing was not held with reasonable promptness after the Probation Department learned of the possible violation of ...