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CURTIS LEE WOODS v. COMMONWEALTH PENNSYLVANIA (12/16/83)

decided: December 16, 1983.

CURTIS LEE WOODS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal in case of Curtis Lee Woods, Parole No. 0179-J.

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

[ 79 Pa. Commw. Page 135]

Petitioner Curtis Lee Woods has requested this Court to overturn the decision of the Pennsylvania Board of Probation and Parole (Board) recommitting him to prison as a technical and convicted parole violator.

The record in this case consists chiefly of a document entitled "Certificate of the Chairman of the Pennsylvania Board of Probation and Parole."*fn1 The Certificate of the Chairman merely recites and summarizes the events and proceedings which culminated in the Board's order recommitting petitioner to prison. The following dates and events, however, are

[ 79 Pa. Commw. Page 136]

    chronicled in both the Certificate of the Chairman and the statement of fact in petitioner's brief.

On June 6, 1977, petitioner was released on parole from a seven to twenty year sentence imposed on a second degree murder conviction. On February 24, 1979, while still on parole, Woods was arrested in Philadelphia and charged with various related weapons offenses. He was released on bail, but on June 1, 1979, was arrested in Dauphin County on charges of theft and theft by receiving stolen property. On that same date, criminal charges were filed against him in Lancaster County. Also on June 1, 1979, the Board filed a parole violation warrant against him, citing the new criminal charges and the violation of certain conditions of his parole.

On September 18, 1979, Woods was found guilty of forgery, theft, and receiving stolen property by the Lancaster County Court of Common Pleas, and was sentenced to a term of eight to twenty-three months, to be served at the Lancaster County prison. He was found guilty of theft by receiving stolen property by the Dauphin County court on October 16, 1979, and on January 7, 1980, was sentenced on those charges to serve a term of one to seven years in a state correctional institution. The record, such as it is, does not reveal the disposition of the charges brought against petitioner in Philadelphia.

Petitioner was granted parole on the Lancaster County sentence on March 6, 1980, and was transferred to the State Correctional Institution at Graterford on March 20, 1980. He was afforded both a hearing on the violation of the conditions of his parole and a revocation hearing on the new convictions before the Full Board on May 21, 1980; on June 11, 1980, the Board rendered its decision recommitting him to prison for ...


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