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RANDY CHAPMAN v. COMMONWEALTH PENNSYLVANIA (11/07/84)

decided: November 7, 1984.

RANDY CHAPMAN, 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 Randy Chapman, Parole Number 586-P.

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 Rogers, Williams, Jr. and Kalish, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 86 Pa. Commw. Page 50]

This is an appeal by Randy Chapman (Chapman) who petitions for review from a denial of administrative relief by the Pennsylvania Board of Probation

[ 86 Pa. Commw. Page 51]

    and Parole (Board) regarding a Board recommitment order. That order revokes Chapman's parole and recommits him to prison as a convicted and technical parole violator to serve backtime. Chapman contends that there is not substantial evidence in the record to support the Board's order and that the amount of backtime the Board ordered him to serve is so unduly harsh and excessive that it amounts to a manifest abuse of discretion. We affirm.

Chapman was originally sentenced in 1979 by Judge Richette of the Court of Common Pleas of Philadelphia County to a term of two to ten years following his conviction of the offense of Robbery.*fn1 That sentence carried a maximum term expiration date of October 23, 1989. The Board paroled Chapman effective October 23, 1981 at which time he was released from the State Correctional Institution at Graterford (SCI-Graterford).

On March 2, 1982, a complaint was filed with Philadelphia Police by Kenneth Armstrong. Armstrong alleged that Chapman and two of his brothers appeared outside of his Philadelphia residence with firearms and shot at him.*fn2 On the basis of Armstrong's complaint, Philadelphia Police arrested Chapman on March 3, 1982 and he was charged with Aggravated Assault,*fn3 Simple Assault,*fn4 Recklessly Endangering Another Person,*fn5 Possession of an Instrument

[ 86 Pa. Commw. Page 52]

    of Crime,*fn6 Criminal Conspiracy,*fn7 and Violating the Uniform Firearms Act.*fn8 Chapman did not post bail and remained incarcerated in Philadelphia County Prison.

On April 12, 1983, Chapman appeared in Philadelphia County Common Pleas Court and entered a negotiated plea of guilty to the new criminal charges.*fn9 Judge Lehrer sentenced Chapman to a term of one and one-half to five years on the Aggravated Assault charge, suspended sentence on the Criminal Conspiracy charge, and the remaining charges were nolle prossed. Shortly ...


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