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THEODORE L. CARR v. COMMONWEALTH PENNSYLVANIA (06/28/85)

decided: June 28, 1985.

THEODORE L. CARR, 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 Theodore L. Carr, Parole No. 6534K, dated October 25, 1984.

COUNSEL

Carol F. Munson, Assistant Public Defender, with her, Andrea Konow, Senior Law Clerk, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 90 Pa. Commw. Page 313]

Theodore L. Carr petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board). That order revokes his parole and recommits

[ 90 Pa. Commw. Page 314]

    him to prison as a convicted parole violator to serve fifteen months on backtime. We affirm.

While at liberty on parole, Carr allegedly sold cocaine to undercover state police agents on two occasions; the first on October 8, 1982 in Lewisburg and the second on June 23, 1983 in Sunbury. He was arrested on July 14, 1983 as a result of these activities and charged by both Union and Northumberland County authorities with the offense of Possession with Intent to Deliver Cocaine.*fn1 The Board learned of his arrest on August 5, 1983 but did not lodge a detainer against him due to the fact that the maximum term of his original parole sentence had expired on July 10, 1983. The Board did take administrative action to declare Carr delinquent for control purposes effective June 23, 1983, the date of his last alleged offense. As the Board did not lodge a detainer against him, Carr was able to secure his release from confinement by posting bail and remained free on bail until May 22, 1984.

On October 31, 1983, Carr appeared in Union County Common Pleas Court where he entered a plea of guilty to the charge of Possession with Intent to Deliver Cocaine and sentencing was deferred. On November 16, 1983, he entered a plea of guilty in Northumberland County Common Pleas Court to the charge of Possession With Intent to Deliver Cocaine with sentencing again deferred.*fn2 Carr's parole agent was

[ 90 Pa. Commw. Page 315]

    present in the courtroom when he pled guilty to the Northumberland County charge, however, the Board did not lodge its detainer nor file parole violation charges against him, but rather permitted him to remain free on bail.

On May 15, 1984, Carr was sentenced in Union County to a term of twenty-two to forty-eight months. The sentencing judge allowed him to remain free on bail to settle his affairs until May 22, 1984 at which time he surrendered himself at the Union County Prison. He was transferred to the ...


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