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JOHN TOTH v. COMMONWEALTH PENNSYLVANIA (01/20/84)

decided: January 20, 1984.

JOHN TOTH, 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 John Toth, Parole Number 8114-G, dated August 7, 1981.

COUNSEL

Timothy P. Wile, Assistant Public Defender, 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

[ 79 Pa. Commw. Page 621]

This is the petition of a parolee for review of an order of the Pennsylvania Board of Probation and Parole (board) refusing in part his application for administrative relief in which application he complained that a revocation hearing conducted by the board on April 29, 1981*fn1 was unlawfully delayed.

The petitioner was convicted of armed robbery and sentenced to a term of three to twelve years by the Court of Common Pleas of Lehigh County. While released on parole for this offense, the petitioner was arrested on September 27, 1974 and charged with armed robbery in Northampton County. Pursuant to a detainer lodged against him by the board, the petitioner was in custody until October 17, 1974, when he escaped from the Northampton County Prison.

On October 28, 1974, the petitioner was arrested by the Palm Beach, Florida police and charged with robbery

[ 79 Pa. Commw. Page 622]

    and a lesser offense. He was convicted of the Florida charges and on March 28, 1975, he received a life sentence on the robbery charge and a one year consecutive term for attempting to elude a police officer.

The petitioner was returned to the Northampton County Prison on May 20, 1975. A parole revocation hearing was held regarding the Florida conviction and on June 24, 1975, the petitioner was ordered recommitted as a convicted parole violator when available.

The petitioner was convicted of the Northampton County armed robbery charge on September 24, 1975 and of the escape charge on November 12, 1975. He received a one to three year sentence for the escape conviction on December 3, 1975, to be served concurrently with the Florida sentence, and a ten to twenty year sentence for the armed robbery conviction on September 1, 1976 to be served consecutive to the Florida sentence. On September 7, 1976, the petitioner was returned to Florida.

It was not until September 2, 1980, after being paroled by the Florida authorities, that the petitioner was returned to the State Correctional Institution at Graterford. As will be detailed later, the board scheduled a revocation hearing for October 9, 1980, but by reason of various applications by the petitioner the hearing was not held until ...


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