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KENT ALLEN BREWER v. COMMONWEALTH PENNSYLVANIA (06/11/85)

decided: June 11, 1985.

KENT ALLEN BREWER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in the case of Kent Allen Brewer v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Charles J. Kroboth, Jr., Assistant Public Defender of Centre County, for petitioner.

Scott F. Breidenbach, Assistant Public Defender of Montgomery County, for petitioner.

Robert B. Stewart, III, Chief Public Defender of Huntingdon County, for amicus curiae.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 90 Pa. Commw. Page 76]

In this rather unusual proceeding, the Centre County Public Defender Office (Centre) seeks relief from an order of our Court dated February 6, 1985 directing that office to enter an appearance on behalf of Mr. Kent Allen Brewer (Brewer) who had filed an appeal with this Court from the denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). We affirm our order of February 6, 1985 with certain modifications.

Only a brief description of the background of this case is necessary to focus upon the narrow issue presented. Brewer was arrested while on parole in Montgomery County. The Board undertook to revoke Brewer's parole. The Montgomery County Public Defender Office (Montgomery) represented Brewer at the revocation hearing and filed a petition for administrative

[ 90 Pa. Commw. Page 77]

    review with the Board after the Board had revoked Brewer's parole. The Board denied administrative relief. Brewer filed a petition for review pro se with this Court, appealing the Board's action.

At all pertinent times in the proceedings up to this point, Brewer was incarcerated in the State Correctional Institution at Graterford. When Brewer's appeal was filed, this Court appointed Montgomery to represent him. Shortly after that order was entered, Brewer was transferred to the State Correctional Institute at Rockview in Centre County. Montgomery filed an amended petition for review on Brewer's behalf on January 4, 1985.

On or about February 1, 1985 Brewer filed a pro se motion with this Court asking that Centre be appointed to represent him. Our order of February 6, 1985, first referred to above, followed.*fn1

It is well settled that Brewer, an indigent, incarcerated prisoner, is entitled to the assistance of counsel at any hearing on the revocation of parole as a technical parole violator, Commonwealth v. Tinson, 433 Pa. 328, 249 A.2d 549 (1969), at any hearing on the revocation of parole as a convicted parole violator, Commonwealth ex rel. Rambeau v. Rundle, 455 Pa. 8, 314 A.2d 842 (1973), and in the prosecution of his appeal from such decisions, Bronson v. Pennsylvania Board of Probation and Parole, 491 Pa. 549, 421 A.2d 1021 (1980). ...


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