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COMMONWEALTH PENNSYLVANIA v. WILLIAM BALLARD (10/30/81)

decided: October 30, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM BALLARD, APPELLANT



No. 1110 October Term, 1978, Appeal from Judgment of Sentence by the Court of Common Pleas, Trial Division, Criminal Section, C.P. Philadelphia 72-2-20

COUNSEL

John S. DiGiorgio, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Sugerman

[ 292 Pa. Super. Page 130]

Appellant contends on appeal that he was denied his right to a speedy probation revocation hearing, in violation of Pa.R.Crim.P. 1409.*fn1 The facts are easily gleaned from the docket entries and the able opinion of the court below.

[ 292 Pa. Super. Page 131]

On December 4, 1972, Appellant was found guilty at a bench trial of Assault and Battery*fn2 and Aggravated Robbery.*fn3 Post trial motions were denied and on March 22, 1973, Appellant was sentenced upon the robbery conviction to probation for a period of five years. Sentence was suspended upon the conviction of assault and battery.

On May 16, 1974, while still on probation, Appellant was convicted of possessing a controlled substance with the intent to deliver it, and sentenced to an additional five year period of probation. Again, on December 19, 1974, Appellant was convicted of theft by receiving stolen property, and sentence was suspended.

As the result of the two latter convictions, a probation revocation hearing was held on January 15, 1975. Following the hearing, Appellant's probation was revoked and the lower court imposed a new term of probation, to run for a further period of five years from the date of the hearing.

On December 18, 1975, Appellant was again convicted of theft by receiving stolen property, and on January 6, 1976, Appellant was convicted of robbery and related offenses. On May 6, Appellant was sentenced upon the robbery conviction to a term of imprisonment of five to ten years.

As the result of these convictions, Appellant appeared before the lower court on June 15, 1976, for yet another probation revocation hearing. Finding Appellant in violation, the court revoked the probation imposed on January 15, 1975, and sentenced Appellant to prison for a term of not less than two nor more than twenty years, the ...


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