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PURCELL BRONSON v. COMMONWEALTH PENNSYLVANIA (12/29/83)

decided: December 29, 1983.

PURCELL BRONSON, 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 Purcell Bronson, dated June 5, 1978.

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. Judge Doyle Concurs in the result only.

Author: Williams

[ 79 Pa. Commw. Page 238]

This matter is an appeal by Purcell Bronson from a 1978 order of the Pennsylvania Board of Probation and Parole (Board) revoking his parole.*fn1

In November of 1973, Mr. Bronson was sentenced by the Court of Common Pleas of Allegheny County to a term of imprisonment of not less than two years nor

[ 79 Pa. Commw. Page 239]

    more than four years, for the offense of Assault by Prisoner. The effective date of that sentence was August 23, 1973. Two years after that date, on August 23, 1975, Bronson was paroled.

On March 12, 1977, while he was still on parole, Bronson was arrested by authorities of Philadelphia County pursuant to various new criminal charges. A few days later, Delaware County also lodged several new criminal charges against Bronson. The Delaware County charges included: Facilitating Escape, Aggravated Assault, Conspiracy, and various weapon offenses.

On September 6, 1977, the Court of Common Pleas of Delaware County adjudged Bronson guilty of Facilitating Escape and of Aggravated Assault. For those convictions, he was sentenced to two identical, concurrent prison terms of from two to four years, to be served at the State Correctional Institution at Graterford (Graterford). Bronson was transferred to Graterford on December 2, 1977. Prior to that transfer, he had been confined in the Philadelphia County Prison.

On January 23, 1978, a parole-violation warrant was filed against Bronson. On Feruary 3, 1978, he submitted a written request for a Full-Board hearing. Such a hearing was held on April 6, 1978. As a result of that hearing, the Board, on June 5, 1978, entered the order here in issue: to recommit Bronson, as a convicted parole violator, to serve the unexpired portion of the prison term imposed in 1973. According to the Board, the basis for its decision was the seriousness of Bronson's new conviction and his poor adjustment while on parole.

The appellant asks us to reverse the Board's recommitment order of June 5, 1978; and, to that end, he presents four ...


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