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JAY STEVENSON v. COMMONWEALTH PENNSYLVANIA (06/01/83)

decided: June 1, 1983.

JAY STEVENSON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Order of the Pennsylvania Board of Probation and Parole in case of In Re: Jay L. Stevenson, SCID No. M-1510, Parole No. 2427-K.

COUNSEL

Robert J. Magee, Worth Law Offices, P.C., for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevey, 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 Rogers.

Author: Rogers

[ 74 Pa. Commw. Page 541]

Jay Stevenson (petitioner) has appealed from an order of the Pennsylvania Board of Probation and Parole (board) revoking his parole and recommitting him for thirty months as a convicted parole violator.

On July 1, 1975 the petitioner was found guilty of and sentenced to a term of three to ten years for the crimes of robbery and burglary. On the same day, the petitioner was also found guilty of theft by unlawful taking and was sentenced to a concurrent term of one to three years. On July 31, 1975, petitioner was further sentenced to a concurrent term of one and one-half to three years for robbery and criminal conspiracy. The longest sentence was effective February 8, 1975 with a minimum date of February 8, 1978 and a maximum date of February 8, 1985.

On March 6, 1978, petitioner was paroled to an approved plan. On November 24, 1980, petitioner was arrested by Lehigh County authorities on the charge of unlawful attempt to obtain controlled substances and on December 15, 1980, was further charged with armed robbery. On January 26, 1981, petitioner was charged by the Northampton County authorities with robbery, theft by unlawful taking, and receiving stolen property.

On February 18, 1981, a violation hearing was held by a representative of the board, with the board's decision being to recommit petitioner as a technical parole violator for twelve months.

On May 18, 1981, the petitioner was convicted of robbery and theft in Northampton County Court and sentencing was deferred.

[ 74 Pa. Commw. Page 542]

On September 2, 1981, petitioner was afforded a full board revocation hearing, with the board's action being to recommit petitioner as a convicted parole violator for thirty months for a total of forty-two months. The board based its decision on: petitioner's recent conviction in a court of record; the record of the Northampton County Common Pleas Court; the testimony of a psychologist produced by the petitioner; and, the the petitioner's own testimony. The board then stated its reasons for recommitting petitioner as: 1) his new conviction in a court of record established; 2) his previous recommitment as a technical parole violator; 3) his multiple arrests and convictions; 4) his pattern of robbery convictions; 5) his use of a weapon; and 6) his serious drug problem.

On September 25, 1981, the petitioner was sentenced to concurrent terms of five to ten years for the ...


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