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JOSE LACOURT v. COMMONWEALTH PENNSYLVANIA (02/05/85)

decided: February 5, 1985.

JOSE LACOURT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESONDENT



Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Jose LaCourt, Parole No. 9836-F.

COUNSEL

Lee F. Mauger, 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 and Williams, Jr. and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams, Jr.

[ 87 Pa. Commw. Page 385]

This is an appeal by Jose LaCourt who petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board), dated February 22,

[ 87 Pa. Commw. Page 3861984]

. That order recommits him to prison as a technical and convicted parole violator to serve the entire unexpired term of his Philadelphia County murder sentence. We affirm.

LaCourt was originally sentenced in July 1963 by Judge Blanc of the Court of Common Pleas of Philadelphia County to a term of two and one-half to twenty years following his conviction for Second Degree Murder.*fn1 That sentence carried an initial maximum term expiration date of March 11, 1983. The Board granted LaCourt parole on this sentence effective September 11, 1966 at which time he was released from the State Correctional Institution at Philadelphia (SCI-Philadelphia). Over the next sixteen years, he was recommitted to prison as a parole violator on four separate occasions.*fn2 Two of those occasions involved new criminal convictions. LaCourt was last reparoled on this sentence by the Board on October 13, 1982 at which time he was released from the State Correctional Institution at Graterford (SCI-Graterford).

[ 87 Pa. Commw. Page 387]

On November 24, 1982, LaCourt was arrested by Philadelphia Police following an incident at Church's Fried Chicken, Seventh Street and Girard Avenue, Philadelphia, and charged with numerous new criminal charges, several of a serious nature.*fn3 The Board lodged its warrant on November 26, 1982 and he remained confined in the Philadelphia County Prison. He was convicted of the new charges, except Theft, Receiving Stolen Property, and Aggravated Assault, on May 16, 1983. On November 17, 1983, a sentence of thirty to sixty years was imposed by Judge McCrudden.

LaCourt was transferred from Philadelphia County Prison to SCI-Graterford on November 21, 1983. On January 5, 1984, he was afforded a parole Violation/Revocation Hearing before a Board hearing examiner. As the hearing was held at SCI-Graterford, in Montgomery County, LaCourt was represented by an attorney from the Montgomery County Public Defender's Office.*fn4 As a result of that hearing, on February 22, 1984, the Board ordered him recommitted to prison as a technical parole violator to serve eighteen months on backtime and ...


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