Appeal from the Order of the Pennsylvania Board of Probation and Parole in case of Jonathan Boone v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.
Timothy P. Wile, Assistant Public Defender, for petitioner.
Robert A. Greevy, Chief Counsel, with him Arthur R. Thomas, Assistant Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.
Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three.
This is an appeal by Jonathan Boone (Petitioner) from an order of the Pennsylvania Board of Probation and Parole (Board) ordering Boone recommitted as a convicted parole violator to serve two years backtime when available. We affirm.
While on parole, Boone was arrested and charged with aggravated assault, simple assault, possession of an instrument of crime, possession of offensive weapons and recklessly endangering another person. A warrant and detainer were lodged against Petitioner by the Board and he was given a detention hearing on February 1, 1978. On March 15, 1978, he was ordered detained pending disposition of the criminal charges. Following his conviction, he was afforded a revocation hearing before the Board and the Board subsequently entered the order appealed here.
Petitioner urges that the Board must be reversed and asserts two grounds. First, he claims that the Board's refusal to allow the cross-examination of adverse witnesses at the detention hearing violated his rights to due process. Second, Petitioner argues that the delay of this Court in appointing counsel to represent him in the prosecution of this appeal amounts to further deprivation of due process.
With regard to Petitioner's first contention, the Board points out that on the same day as the detention hearing, Boone was given a preliminary hearing on the new criminal charges. 37 Pa. Code § 71.3 provides in pertinent part:
(1) A parolee may be arrested and detained on a Board warrant pending disposition of criminal charges upon the occurrence of one of the following:
(i) A committing magistrate has conducted a preliminary hearing and concluded that there is a prima ...