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MARK TIMOTHY WINTERS v. COMMONWEALTH PENNSYLVANIA (01/17/86)

decided: January 17, 1986.

MARK TIMOTHY WINTERS, 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 Mark Timothy Winters, Parole No. 1642-J, dated February 11, 1985.

COUNSEL

Robert B. Stewart, III, Chief Public Defender of Huntingdon County, with him, Mark Timothy Winters, for petitioner.

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

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

Author: Macphail

[ 94 Pa. Commw. Page 237]

Mark Timothy Winters (Winters) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) denying him administrative relief from a Board recommitment order. That recommitment order revoked his parole and recommitted him to prison as a technical and convicted parole violator to serve fifty-two months on backtime.

While on parole, Winters was arrested and charged with transporting firearms without a license. On April 5, 1976, Winters was sentenced to a term of six to twenty-three months on this charge. Winters was confined to the Montgomery County prison. On October 7, 1976, Winters was found guilty of a heroin sales charge and was sentenced on Bureau of Corrections No. F-7628 to a term of not less than seven months nor more than four years, eleven months, effective February 3, 1977.

[ 94 Pa. Commw. Page 238]

On October 15, 1976, after a hearing, the Board revoked Winters' parole and recommitted him, when available, on Bureau of Corrections No. F-6649. On October 20, 1976, Winters was committed to the Diagnostic and Classification Center at Graterford.

On July 5, 1977, the Board granted reparole on Bureau of Corrections No. F-6649 to the detainer only, with a notation that on September 3, 1977, parole would be granted on the detainer sentence. On July 12, 1977, Winters was received at the State Correctional Institution at Dallas (SCI-Dallas). The Board granted Winters' parole on Bureau of Corrections No. F-7628 effective September 3, 1977, at which time he was released from SCI-Dallas.

On November 21, 1977, Winters was arrested and charged with loitering, prowling at night and possession of burglary tools. Winters was confined in the Montgomery County prison in lieu of $1500 bail. The Board lodged its warrant on December 19, 1977 and decided to "continue [Winters] on parole pending disposition of criminal charges." On December 21, 1977, the Board lifted its detainer and Winters posted the $1500 bail.

On January 12, 1978, Winters was arrested in Chester County on charges of Criminal Attempt-Homicide, Criminal Conspiracy, Aggravated Assault, and Criminal Attempt-Burglary. Winters was held in the county prison in lieu of posting $50,000 bond.

The certified record indicates*fn1 that on February 12, 1978, Winters allegedly held up a Howard Johnson's restaurant in Delaware County, and on February 15, 1978, was arrested and charged with receiving stolen property. Winters was released on $1000 bond. The Board lodged its warrant on February 24, 1978.

[ 94 Pa. Commw. Page 239]

Winters was picked up by the Pennsylvania State Police on March 1, 1978 in Limerick, PA, and arrested. Before transporting Winters to the Montgomery County Prison, the officers took Winters to his home so that he could pack some clothing. Winters escaped through the basement window of his house. The Board declared Winters delinquent and issued a Fugitive Warrant.

On July 1, 1983, the Mississippi Highway Patrol arrested Winters on the Fugitive Warrant. He was held in Mississippi pending extradition. Winters waived extradition and on July 9, 1983, was confined to Montgomery County Prison on escape charges. The Board lodged its warrant against Winters.

At a preliminarly criminal hearing, a prima facie case was found as to the escape charge. Winters was confined in the Montgomery County prison in lieu of $75,000 bond. On July 22, 1983, Winters requested a continuance of his preliminary detention hearing pending disposition of the criminal charges against him. On August 9, 1983, the Board ordered Winters detained pending disposition of the outstanding criminal charges and to return Winters as a technical parole violator when available. A follow-up decision on November 1, 1983 again ordered Winters detained pending the outcome of his outstanding criminal charges.

On January 30, 1984, Winters pled guilty to charges of Escape and Theft by Receiving Stolen Property and was sentenced to a one to two year term for the escape conviction to be served simultaneously with the one to five year term handed down on the Theft by Receiving Stolen Property conviction.

On March 5, 1984, Winters appeared in the Court of Common Pleas of Delaware County and pled guilty to a charge of robbery. Winters was sentenced to a term of three to seven years in a state correctional facility;

[ 94 Pa. Commw. Page 240]

    this sentence was to be served concurrent with the Montgomery County sentence.

Winters asked for a continuance of the Board's violation hearing pending the outcome of the January 1978 charges from Chester County. On April 12, 1984, Winters was convicted of the aggravated assault and attempted burglary charges, and was sentenced on May 15, 1984 to a term of five to ten years to run concurrently with the sentences imposed on January 30, 1984 and March 5, 1984.

On June 21, 1984, Winters was returned to the State Correctional Institution at Graterford (SCI-Graterford). A parole violation/revocation hearing was scheduled on July 10, 1984, but on July 9, ...


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