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MYRON HAWKINS v. COMMONWEALTH PENNSYLVANIA (04/10/85)

decided: April 10, 1985.

MYRON HAWKINS, 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 Myron Hawkins, dated October 31, 1983.

COUNSEL

Lester G. Nauhaus, Public Defender, with him, John H. Corbett, Jr., Chief, Appellate Division and Paulette J. Balogh, Appellate Counsel, 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 Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri. Judge Williams, Jr. did not participate in the decision in this case.

Author: Barbieri

[ 88 Pa. Commw. Page 548]

This is an appeal by Myron Hawkins who petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a Board recommitment order. That recommitment order revoked his parole and recommitted him to prison as a technical and convicted parole violator to serve twenty-four months on backtime.

[ 88 Pa. Commw. Page 549]

The record presents the following factual scenario. Hawkins was initially sentenced in 1973 to a term of four to ten years by the Court of Common Pleas of Allegheny County following his conviction for Aggravated Assault*fn1 and Receiving Stolen Property.*fn2 That sentence carried an original maximum term expiration date of December 27, 1983. The Board granted Hawkins parole on this sentence effective December 27, 1977 at which time he was released from the State Correctional Institution at Pittsburgh (SCI-Pittsburgh). While on parole, he was arrested in 1980 and convicted of Retail Theft.*fn3 As a result of that conviction, the Board, after affording him the required hearings, on November 21, 1980, revoked his parole and returned him to prison as a technical and convicted parole violator to serve twenty-four months on backtime. At that time, the Board also extended the maximum term expiration date of his 1973 Aggravated Assault sentence to December 10, 1986.*fn4 On June 10, 1982, the Board granted him reparole on the 1973 sentence at which time he was again released from SCI-Pittsburgh.

On November 14, 1982, Hawkins was arrested by Pittsburgh Police following a car chase through Pittsburgh in which he was driving a stolen 1979 Ford. The chase ended abruptly when Hawkins crashed the stolen car and attempted to flee the scene on foot. Pursuing police officers gave chase and he was arrested three blocks away from the scene of the crash. There were

[ 88 Pa. Commw. Page 550]

    no other occupants of the stolen car. The wrecked stolen car was impounded by police who searched the vehicle. That search turned up a loaded .38 caliber revolver on the floor of the driver's side of the car. As a result of that arrest, Hawkins was charged with Unauthorized Use of a Motor Vehicle,*fn5 Violating the Uniform Firearms Act (VUFA),*fn6 and several summary offenses under the Vehicle Code. He was subsequently released on bail.

After a prima facie case was found as to the new charges at a criminal preliminary hearing held on December 3, 1982, the Board arrested Hawkins and charged him with violating general condition 5B*fn7 of his parole which requires that parolees refrain from owning or possessing any firearms or other weapons. The Board also ordered him detained pending disposition of the new criminal charges. Hawkins was convicted in Allegheny County Common Pleas Court on April 27, 1983 of the charge of Unauthorized Use of a Motor Vehicle and subsequently sentenced to a term of one to two years. He was found "not guilty" of the VUFA charges.

On August 4, 1983, the Board afforded Hawkins a parole Violation/Revocation Hearing at SCI-Pittsburgh before a Board hearing examiner. Also present at that hearing were his parole agent and Pittsburgh Police Officer Howard Ball. Officer Ball was one of the officers who pursued and arrested Hawkins on November 14, 1982 and testified as to the circumstances of ...


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