NO. 264 PHILADELPHIA, 1980, Appeal from the Judgment of Sentence of January 28, 1980. In the Court of Common Pleas of Philadelphia County, Trial Division Criminal Section, No. 362 May Term 1979
John Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.
Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Wieand, Beck and Hoffman, JJ.
[ 314 Pa. Super. Page 227]
Gregory Brown, who was convicted of robbery in the Court of Common Pleas, Philadelphia County, in November 1979, and sentenced to one and one half to five years in the state correctional institution, charges that he was erroneously certified as an adult, and that he was convicted upon insufficient evidence. For the reasons that follow, we affirm his conviction.
When appellant Brown was arrested for the crime in question on December 1, 1978, he was sixteen years old, and he was charged as a juvenile. The Commonwealth filed notice to certify him as an adult and a full evidentiary
[ 314 Pa. Super. Page 228]
hearing was held on the question of certification. At the hearing it was established that Brown had a criminal record going back to 1973, including nine juvenile arrests and six convictions for burglary and arson. In the most recent conviction, in 1977, Brown had been certified as an adult on a charge of involuntary manslaughter, and sentenced to one to five years at Camp Hill, an adult correctional institution for young offenders (normally those under the age of twenty-five). Brown's arrest for the instant crime, a felony if committed by an adult, occurred while he was on parole for the 1977 conviction.
This case presents an issue of first impression.*fn1 Must a juvenile be recertified as an adult where he allegedly committed an offense while he was on parole after being tried and convicted for a prior offense as an adult? We hold that under 42 Pa.C.S. § 6355(a),*fn2 when a parolee from
[ 314 Pa. Super. Page 229]
an adult correctional institution faces criminal charges, he must be recertified as an adult before these charges can be heard in the adult system. Nothing in 42 Pa.C.S. § 6355 or any other statute permits the state to transfer the matter to the adult system without a fresh certification hearing.
At the certification hearing held in the instant case, the court noted that as a matter of record Brown was under the jurisdiction of the State Parole Board for the arrest of robbery, which constituted a parole violation, and Brown agreed that this was so (N.T. Certification Hearing, p. 7). The question was whether the trial for robbery required a full certification on the facts. At the comprehensive ...