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CHARLES HILL v. COMMONWEALTH PENNSYLVANIA (05/06/85)

decided: May 6, 1985.

CHARLES HILL, 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 Charles Hill, Parole No. 6952-H, dated April 23, 1984.

COUNSEL

Harvey B. Reeder, 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

[ 89 Pa. Commw. Page 141]

This is an appeal by Charles Hill 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 returned him to prison as a convicted parole violator to serve the entire remaining balance of his original Blair County robbery*fn1 sentence.

The facts of this case are not in dispute. Hill was initially sentenced to a term of five to ten years by Judge Brumbaugh of the Court of Common Pleas of Blair County following his conviction for robbery. That sentence carried an initial maximum term expiration date of May 11, 1987. The Board granted him parole on that sentence effective May 11, 1982 at which time he was released from the Johnstown Community Service Center (CSC).*fn2

[ 89 Pa. Commw. Page 142]

During the early morning hours of March 6, 1983, Hill's car broke down on a road near Hollidaysburg. A passing motorist, Bradley Houck, observed his plight and stopped to offer assistance. Rather than accepting the assistance offered by this Good Samaritan, Hill commandeered Houck and his vehicle at knifepoint and forced Houck to drive him to various locations throughout Bedford, Blair and Huntingdon Counties. Hill further rewarded his would be benefactor by relieving him of his available cash, totaling $12, and stabbing him twice. Houck managed to escape his captor and notified police. Pennsylvania State Police arrested Hill several hours later, still at the wheel of Houck's vehicle.

Following his arrest, Hill was confined at the Blair County Prison and charged with Aggravated Assault,*fn3 Terroristic Threats,*fn4 Recklessly Endangering Another Person,*fn5 Theft*fn6 and Unlawful Restraint.*fn7 The Board lodged its warrant and detainer against him the day of his arrest. On April 26, 1983, Bedford County authorities charged him with Theft and False Imprisonment*fn8 stemming from those portions of the March 6, 1983 incident which took place in Bedford County. Hill pled guilty to the Bedford County charges on June 3, 1983 and sentencing was deferred. He pled guilty to the Blair County charges on October 12, 1983 and was sentenced the following month to a term of seven to fourteen years. He was later sentenced on the Bedford

[ 89 Pa. Commw. Page 143]

County charges to a concurrent one and one-half to three year term.

The Board afforded Hill a parole Revocation Hearing before a Board hearing examiner at the State Correctional Institution at Camp Hill (SCI-Camp Hill) on January 26, 1984. Also present at the hearing was SCI-Camp Hill's Institutional Parole Representative (IPR) Aaron S. McCollum. Hill had desired to be represented by counsel, but the Cumberland County Public Defender's Office did not have an attorney available for Hill's parole hearing that day due to a conflicting criminal trial schedule. After a discussion with the hearing examiner and the IPR, Hill chose to waive counsel rather than continue his parole hearing. As a result of that hearing, on March 26, 1984, the Board entered an order which revoked Hill's parole and recommitted him to prison as a convicted parole violator to serve the entire unexpired term of his initial robbery sentence -- sixty months.*fn9 The Board also extended the maximum term expiration date of that robbery ...


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