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THOMAS D'NICUOLA v. COMMONWEALTH PENNSYLVANIA (12/01/83)

decided: December 1, 1983.

THOMAS D'NICUOLA, 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 Thomas D'Nicuola, dated August 13, 1979.

COUNSEL

Timothy P. Wile, Assistant 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 Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 78 Pa. Commw. Page 588]

Petitioner Thomas D'Nicuola has petitioned this Court for review of the decision of the Pennsylvania Board of Probation and Parole (Board) recommitting him to prison as a convicted parole violator.

On June 6, 1973, D'Nicuola was sentenced by the Northampton County Court of Common Pleas to a term of six to twelve years on a charge of voluntary manslaughter. The effective date of the sentence was October 20, 1969. Petitioner was released on parole from that conviction on October 20, 1975, after serving his minimum sentence in a state correctional institution.

On February 26, 1979, while still on parole, petitioner was arrested in Northampton County on charges of robbery, recklessly endangering another person, and criminal mischief. Initially, he was released on his own recognizance, but the Board subsequently ordered him detained pending disposition of the criminal charges. While confined at the Northampton County Prison on the Board detainer, petitioner was arrested, on March 13, 1979, and charged

[ 78 Pa. Commw. Page 589]

    with engaging in voluntary deviate sexual intercourse and involuntary deviate sexual intercourse between January, 1977 and January, 1979. He pleaded guilty to these charges on June 14, 1979; the charges of robbery, recklessly endangering another person, and criminal mischief were nol prossed. Sentencing on the guilty plea was deferred pending a pre-sentence investigation.

Following his conviction on the new charges, D'Nicuola continued to be incarcerated at the Northampton County Prison. On June 19, 1979, he waived his right to a parole revocation hearing before the full Board,*fn1 and was afforded a hearing before a Board Hearing Examiner on July 27, 1979. Based on the Hearing Examiner's recommendation, the Board rendered a decision, on August 13, 1979, revoking petitioner's parole and recommitting him to prison, as a convicted parole violator, to serve the balance of his original sentence when available.

On August 15, 1979, D'Nicuola was sentenced on the charges of voluntary and involuntary deviate sexual intercourse to a term of one and one-half to four years, to be served at the Northampton County Prison. The effective date of the sentence was February 26, 1979, with a minimum expiration date ...


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