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COMMONWEALTH PENNSYLVANIA v. KAY DUGAN (11/02/84)

filed: November 2, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
KAY DUGAN, APPELLANT



No. 00193 Philadelphia 1983, Appeal from the Judgment of Sentence of the Court of Common Pleas of Montgomery County, Criminal, at No. 4301-77.

COUNSEL

Maurino J. Rossanese, Jr., Norristown, for appellant.

Joseph Hylan, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Del Sole, Montemuro and Hoffman, JJ.

Author: Montemuro

[ 335 Pa. Super. Page 84]

The instant appeal arises from the judgment of sentence which was imposed after revocation of probation. Appellant makes three arguments on appeal: (1) that she was denied her right to a speedy probation violation hearing; (2) that the sentencing judge failed to state on the record adequate reasons for the sentence imposed; and (3) that the sentence imposed was excessive.

On January 12, 1978, appellant, Kay H. Dugan, pleaded guilty to nine counts of theft by deception,*fn1 nine counts of failure to make required disposition of funds received,*fn2 one count of forgery,*fn3 two counts of misappropriation of entrusted money,*fn4 two counts of securing execution of documents by deception,*fn5 and two counts of deceptive business practices.*fn6 She received consecutive sentences of probation at that time but was shortly thereafter found in violation of her probation and sentenced to two to five years imprisonment on April 28, 1978. On May 8, 1978, in response to a petition to reconsider sentence, appellant was again placed on probation. Appellant then took an appeal to this court.

While her appeal was pending, appellant again appeared before the trial court on June 19, 1979, as a result of a

[ 335 Pa. Super. Page 85]

    technical violation of her probation. On that date, she was sentenced to numerous concurrent seven year probations and one consecutive probation. She also agreed to pay restitution and withdraw her pending appeals.

On February 26, 1982, appellant was convicted of three bad check charges in Bucks County. She was subsequently sentenced on June 18, 1982, to one year probation and to pay the costs of restitution.

Upon hearing that a bench warrant had been issued for her arrest, appellant surrendered herself to her probation officer and was remanded to Montgomery County Prison on October 7, 1982. A violation hearing was scheduled for October 22, 1982, but was subsequently continued until October 29, 1982, pursuant to a request by appellant's counsel. On October 29, 1982 and again on November 22, 1982, the court requested a continuance which appellant's counsel consented to. A Gagnon II hearing was finally held before the Honorable Frederick B. Smillie on December 13, 1982. At the conclusion of the hearing, probation was revoked and appellant was sentenced to imprisonment for a period of not less than three (3) years nor more than seven (7) years. It is from this disposition that the instant appeal was taken.

Turning to appellant's first allegation of error, she contends that her right to a speedy hearing as guaranteed by Pa.R.Crim.P. 1409 was ...


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