No. 27 E.D. Appeal Dkt. 1985. Appeal from the Order of the Commonwealth Court of Pennsylvania at No. 2509 C.D. 1983, affirming the denial of administrative relief of the Pennsylvania Board of Probation and Parole at Parole No. 7051-H
John R. Merrick, Public Defender, William G. Brown, Asst. Public Defender, Juan R. Sanchez, West Chester, Leonard Sosnov, Philadelphia, for amicus -- Phila. Defenders Assn.
Robert A. Greevy, Chief Counsel, Arthur R. Thomas, Harrisburg, for appellee.
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.
The issue in this case is whether, under the terms of the Pennsylvania Board of Parole Act,*fn1 a parolee may be recommitted
to separate terms of "backtime" as both a convicted parole violator and a technical parole violator if the technical violation is based upon the same act as is the conviction supporting the conviction violation.
Appellant, Harry Rivenbark, was sentenced in 1976 to serve concurrent terms of two to ten years on a forgery conviction and three to ten years on convictions for burglary, theft and criminal conspiracy. On August 22, 1979, he was placed on parole by the Pennsylvania Board of Probation and Parole (Board). On August 4, 1981, appellant was arrested on federal charges for the possession of a firearm and was placed in the Philadelphia Detention Center. A federal grand jury indicted appellant on the federal charge on August 12, 1981.
Thereafter, the Board lodged a detainer warrant against appellant for violating conditions of his parole by possessing a firearm and because of the new criminal charges. A preliminary/detention hearing was held on October 2, 1981, and the Board ordered appellant detained pending disposition of the criminal charges, with the return of appellant as a technical parole violator when available, and a violation hearing to be scheduled when appropriate.
Appellant was subsequently sentenced to a federal term of two years on the firearms conviction. The Board's warrant remained lodged during his term of federal custody. Upon his release from federal custody in 1983, ...