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RONALD C. FAHLFEDER v. COMMONWEALTH PENNSYLVANIA (02/02/84)

decided: February 2, 1984.

RONALD C. FAHLFEDER, 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 In Re: Ronald Fahlfeder, SCIC No. K-4601, Parole No. 7783-H, dated July 1, 1983.

COUNSEL

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

Author: Doyle

[ 80 Pa. Commw. Page 87]

This is an appeal by Ronald Fahlfeder (Petitioner) from the denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board) and affirmance of orders recommitting him for thirty-six months as a technical parole violator, and twenty-four months as a convicted parole violator. We affirm.

[ 80 Pa. Commw. Page 88]

Petitioner was paroled on November 13, 1981, from the State Correctional Institution at Dallas where he had been serving a three to ten year sentence and a concurrent three to fifteen year sentence on two separate morals convictions involving young boys. His parole plan included residence at the Yokefellow Center in Williamsport. As a condition of his parole, Petitioner was prohibited from associating with minor children. On January 2, 1982, Petitioner was arrested on new morals charges involving a boy of ten.

On March 29, 1982, Petitioner and appointed counsel, Jane Shinko, Esquire, appeared for a final violation hearing. Petitioner, on advice of counsel, waived his right to a full Board hearing. During the hearing, the testimony of The Reverend Mr. Mosteller, Director of the Yokefellow Ministry at which Petitioner resided, was admitted over objection interposed by counsel for Petitioner. On April 27, 1982, the Board ordered Petitioner recommitted to serve thirty-six months backtime for technical parole violations.

On November 23, 1982, Petitioner appeared before the Lycoming County Court of Common Pleas and entered guilty pleas to the charges for which he had been arrested. He was immediately sentenced to a term of three and a half to seven years in a state institution. At the request of counsel, a continuance was granted at a revocation hearing on the new convictions to allow Petitioner to begin therapy with the Sex Offenders Group under the direction of a Mr. Love. On March 8, 1983, the Board convened a revocation hearing on the new criminal convictions and refused Petitioner's request for further continuance. On March 29, 1983, the Board recommitted Petitioner as a convicted parole violator to serve an additional twenty-four months backtime.

On April 20, 1983, counsel for Petitioner filed a request for administrative relief which the Board denied

[ 80 Pa. Commw. Page 89]

    on May 5, 1983. On June 3, 1983, counsel for Petitioner filed an additional request for administrative relief which was denied on July 1, 1983.* ...


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