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COMMONWEALTH PENNSYLVANIA v. LAWRENCE ZABOROWSKI (04/16/80)

submitted: April 16, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
LAWRENCE ZABOROWSKI, APPELLANT



No. 447 April Term 1979, Appeal from the Order of the Court of Common Pleas of Allegheny County, Criminal Division at No. 6780 June 1972.

COUNSEL

John H. Corbett, Jr., Chief, Appellate Division, Assistant Public Defender, Pittsburgh, for appellant.

Charles W. Johns, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Spaeth, Wickersham and Lipez, JJ.

Author: Spaeth

[ 283 Pa. Super. Page 133]

This is an appeal from an order dismissing without a hearing appellant's pro se petition under the Post Conviction Hearing Act.*fn1

On the evening of April 16, 1972, a Pittsburgh police officer responding to a burglar alarm saw an automobile moving at high speed out of a parking area near a drug store, with its headlights turned off. The officer followed the automobile and saw a box thrown from it. With the help of another officer, he stopped the automobile, which contained appellant, as the driver, and the co-defendant, who was the passenger. The box thrown from the automobile was found and later determined to have contained narcotics. A bottle found inside the automobile was marked

[ 283 Pa. Super. Page 134]

    as property of the drug store, and was determined to have contained the narcotic diodine. Appellant and the co-defendant were arrested and charged with burglary,*fn2 larceny, receiving stolen goods,*fn3 and violating the Motor Vehicle Code.*fn4 On September 6, 1972, appellant and the co-defendant entered guilty pleas to all of these charges, and on November 21, 1972, appellant was sentenced to not less than 3 years at Camp Hill, sentence to begin on January 3, 1973. Appellant failed to appear on January 3, and sentence did not begin until August 10, 1973.

Upon his arrival at Camp Hill, appellant was informed that his sentence had been increased by the Camp Hill administration to a maximum of 6 years, pursuant to the Camp Hill Act.*fn5 In 1975, appellant was released from Camp Hill on parole, with parole to continue until 1979, the end of his 6 year term. Appellant was subsequently found to be in violation of his parole, and was placed in custody for the balance of his sentence.

On September 22, 1978, appellant filed a petition for relief under Post Conviction Hearing Act, claiming poverty and requesting the appointment of counsel, and alleging as grounds for discharge:

From a new law that was passed. June 1977. Pa. Criminal Procedure . . . 1123 C . . . which states that no court shall sentence a defendant to any indefinite prison term. The law is found in ...


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