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CLARENCE CRAIG v. COMMONWEALTH PENNSYLVANIA (12/19/85)

decided: December 19, 1985.

CLARENCE CRAIG, 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 the case of Clarence Craig, Parole No. 2870-R, dated March 6, 1985.

COUNSEL

Scott F. Breidenbach, Assistant Public Defender, for petitioner.

Robert Greevy, Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 93 Pa. Commw. Page 587]

In this case we are called upon to assess whether counsel appointed under the mandate of Bronson v. Pennsylvania Board of Probation and Parole, 491 Pa. 549, 421 A.2d 1021 (1980), cert. denied, 450 U.S. 1050 (1981), to assist an indigent parolee in appealing a parole revocation order of the Pennsylvania Board of Probation and Parole (Board) has met the requirements of Anders v. California, 386 U.S. 738 (1967). Specifically, we must consider counsel's request to withdraw and determine what, if any, rights petitioner may have as to further representation.

The following facts are pertinent. Petitioner, Clarence Craig, was sentenced to a term of two months to five years by the Court of Common Pleas of Philadelphia County for his conviction of Violation of the Uniform Firearms Act.*fn1 The Board granted him parole on this sentence effective April 2, 1983 at which time he was released from the State Correctional Institution at Graterford (SCI-Graterford).

On July 3, 1983, petitioner was arrested by Philadelphia Police on new criminal charges.*fn2 He was released from custody after posting bond. He was again arrested by Philadelphia Police on August 18, 1983 on new criminal charges*fn3 and remained confined in the

[ 93 Pa. Commw. Page 588]

Philadelphia County Prison. On August 25, 1983, he was convicted of Criminal Trespass and Criminal Conspiracy stemming from the arrest of July 3, 1983. On September 13, 1983, the Board scheduled a parole Violation/Revocation Hearing for petitioner at the Philadelphia House of Correction. At that time, he requested and was granted a continuance until his pending criminal charges were disposed of to include sentencing in the event he was convicted.*fn4 On February 17, 1984, he was convicted of Burglary stemming from the arrest of August 18, 1983. He was sentenced on the Burglary conviction on September 25, 1984 by Judge Kendall Shoyer who imposed a sentence of thirty-three to sixty-six months.

On November 29, 1984, the Board afforded petitioner a Violation/Revocation Hearing at SCI-Graterford before a Board hearing examiner. Petitioner objected to the timeliness of the hearing as beyond the one hundred twenty days required by 37 Pa. Code ยง 71.4(2).

[ 93 Pa. Commw. Page 589]

The examiner overruled this objection based upon petitioner's continuance request of September 13, 1983. On January 21, 1985, the Board ordered petitioner's parole revoked and recommitted him to prison as a convicted parole violator to serve twenty-four months on backtime. Petitioner filed a pro se petition for administrative relief again asserting the alleged untimeliness of his November 29, 1983 hearing. The ...


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