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JAMES K. LEWIS v. COMMONWEALTH PENNSYLVANIA (05/17/83)

decided: May 17, 1983.

JAMES K. LEWIS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Orders of the Pennsylvania Board of Probation and Parole in case of James K. Lewis v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, dated October 9, 1980, and November 24, 1980.

COUNSEL

Frank J. Madey, Assistant Public Defender, with him Edward R. Eidelman, Appellate Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 74 Pa. Commw. Page 336]

James K. Lewis appeals from two orders of the Pennsylvania Board of Probation and Parole which resulted in his recommitment as a technical and convicted parole violator. We affirm.

On June 30, 1971, the Lehigh County Court of Common Pleas had sentenced Mr. Lewis to prison for five to ten years for possessing and trafficking in narcotic drugs. The record does not indicate when the board first paroled Mr. Lewis; the board chairman's certificate reveals only that Mr. Lewis had been recommitted once as a technical parole violator and that he was reparoled on May 8, 1979 under an approved plan.

On June 5, 1980, the Commonwealth charged Mr. Lewis with simple assault for allegedly shoving a young woman into a wall. Entering a plea of nolo contendere, Mr. Lewis was sentenced to the summary offense of harassment on September 30, 1980, and paid a $300 fine. Following an October 10, 1980 hearing, the board recommitted Mr. Lewis to prison for violating condition 10 of his parole,*fn1 ordering him to serve

[ 74 Pa. Commw. Page 337]

    the ten months and twenty-four days of his unexpired term.

In response to Mr. Lewis' "Application for Administrative Review and Reconsideration," the board held a second hearing on October 21, 1980. On November 24, 1980, the board reaffirmed Mr. Lewis' recommitment for a technical parole violation,*fn2 recommitted him as a convicted parole violator, and extended his maximum sentence for parole violation to February 5, 1984.

As Mr. Lewis observes, the particular nature of a recommitment -- whether as a technical or convicted parole violator -- is ...


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