No. 1850 October Term 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Section, Trial Division, of Philadelphia, at No. 250 September Session 1971
John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Brosky, Wickersham and Eagen, JJ.*fn*
[ 277 Pa. Super. Page 89]
Wendell Johnson, appellant, plead guilty to burglary in the Court of Common Pleas of Philadelphia on June 21, 1973.
[ 277 Pa. Super. Page 90]
He was placed on probation for five years conditioned on receiving inpatient drug therapy. Johnson satisfied the condition.
In October of 1976, Johnson asked permission to move to San Diego, California, to live with his sister, his brother, and his brother-in-law. The permission was granted, and Johnson moved to that state. His probation supervision was assumed by the San Diego Probation Department.
On May 19, 1977, Johnson was arrested in California and charged with two counts of rape and two counts of robbery. Bail was fixed at one hundred thousand dollars, and Johnson remained incarcerated. On June 1, 1977, the Commonwealth of Pennsylvania lodged a probation detainer against Johnson with the State of California.
On September 30, 1977, Johnson was convicted in California of the rape and robbery charges. On October 26, 1977, Johnson was sentenced to an aggregate of sixteen years to life imprisonment.*fn1
On December 13, 1977, Johnson requested a speedy violation of probation hearing in Pennsylvania. On May 5, 1978, Johnson was returned to Pennsylvania by California authorities. On May 24, 1978, the hearing was held in the Court of Common Pleas of Philadelphia.
Following the hearing, the court determined Johnson's new convictions in California constituted a violation of probation, revoked the Pennsylvania probation, and imposed a judgment of sentence of ten to twenty ...