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RENE RIVERA v. COMMONWEALTH PENNSYLVANIA (01/17/84)

decided: January 17, 1984.

RENE RIVERA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT. WYMAN SCOTT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, FRED JACOBS, CHAIRMAN, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeals from the Orders of the Pennsylvania Board of Probation and Parole in the cases of Rene Rivera, Parole No. 9968-K, dated February 3, 1982, and Wyman Scott, Parole No. 4289-M, dated September 7, 1982.

COUNSEL

Timothy P. Wile, Assistant Public Defender, for petitioners.

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 Williams, Jr., Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 79 Pa. Commw. Page 559]

No. 426 Misc. Dkt. No. 3

On May 22, 1981, while on parole, the petitioner Rene Rivera was arrested in Lehigh County on new criminal charges. He did not post bail on the new charges and remained incarcerated in Lehigh County Prison. Previously, the petitioner had been sentenced on April 25, 1977, to a term of three to ten years for the offenses of Robbery, Theft by Unlawful Taking and Receiving Stolen Property. On May 22, 1981, the Pennsylvania Board of Probation and Parole (Board) lodged a warrant and detainer against petitioner.

On June 3, 1981, and June 8, 1981, Lehigh County filed additional charges against Rivera. Petitioner did not post bail on either of these additional charges.

Following a preliminary detention hearing at Lehigh County Prison, the Board ordered petitioner detained

[ 79 Pa. Commw. Page 560]

    pending disposition of the criminal charges and ordered that a violation hearing be scheduled.

Following a further detention and parole violation hearing at Lehigh County Prison in September 1981, the Board ordered petitioner detained pending disposition of all criminal charges and recommitted him as a technical parole violator to serve twenty-four months back time for violation of parole.

In November 1981, the Lehigh County Court of Common Pleas convicted petitioner of the crimes of Receiving Stolen Property and Former Felon Not to Own or Possess Firearm. In January 1982, petitioner was sentenced to a term of three to seven years in a state correctional institution with credit for time served from May 22, 1981. The sentencing judge did not state whether the new sentence imposed as a result of the conviction on the new charges should be served consecutively or concurrently with any sentence petitioner was presently serving.

The Board afforded the petitioner a parole violation hearing at the Lehigh County Prison and in February 1982, the Board reaffirmed its prior recommitment order of October 1981. It ordered petitioner recommitted as a convicted parole violator to serve an additional twelve months on back time for a total of thirty-six months on back time.

Rivera petitioned the Board for administrative review and relief claiming credit on his parole sentence for time he spent in custody at Lehigh County Prison after the Board lodged its warrant and detainer on May 22, 1981. The Board denied administrative relief on May 21, 1982, and this appeal followed.

No. 417 Misc. Dkt. No. 3

A similar factual pattern is involved in the case of petitioner Wyman Scott. While on parole, petitioner was arrested on new ...


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