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JAMES SNYDER v. COMMONWEALTH PENNSYLVANIA (11/04/83)

decided: November 4, 1983.

JAMES SNYDER, 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 the case of James Snyder, No. P-3353, dated March 30, 1981.

COUNSEL

Lester G. Nauhaus, Public Defender, with him John H. Corbett, Jr., Chief, Appellate Division, 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 Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 78 Pa. Commw. Page 194]

The petitioner seeks review of an order of the Pennsylvania Board of Probation and Parole recommitting him for twenty-six months for a technical violation of parole.

On March 19, 1965, the petitioner was sentenced to a term of five to twenty years imprisonment for possession of narcotic drugs. While incarcerated the petitioner was assigned institutional identification number C-7736. The petitioner was paroled on November 29, 1969.

On April 3, 1977, the petitioner was convicted on two counts of possession of a controlled substance and sentenced to two consecutive terms of six to twelve months in a state correctional institution. While incarcerated for the 1977 conviction, the petitioner received the institutional identification number P-3353.

[ 78 Pa. Commw. Page 195]

After the petitioner's 1977 conviction and the appropriate hearings, the Board of Probation and Parole recommitted the petitioner as a convicted parole violator. In April 27, 1978, the Board granted the petitioner reparole as to his original sentence and on November 2, 1978 the Board granted the petitioner parole on his 1977 conviction.

On March 13, 1979, the Board declared the petitioner "delinquent as of February 23, 1979." This action resulted from the petitioner's failure to report regularly in person or in writing to his parole agent as required by Condition 2 of his parole. On November 3, 1980, the petitioner was arrested and charged with theft, receiving stolen property and violation of the Uniform Firearms Act. A detainer was lodged against the petitioner and after disposition of the criminal charges*fn1 a full Board hearing was held. By order dated January 28, 1981, the petitioner was sentenced to serve twenty-six months backtime on his 1965 conviction. In support of its decision the Board wrote:

Evidence relied on: Agent's testimony.

Reasons: Violation of condition #2 established. Early failure on parole. Reasons aggravating: In ...


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