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LEONARD ROBINSON v. COMMONWEALTH PENNSYLVANIA (01/29/86)

decided: January 29, 1986.

LEONARD ROBINSON, 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 Leonard Robinson, dated April 29, 1985.

COUNSEL

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

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

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

Author: Doyle

[ 94 Pa. Commw. Page 398]

This is an appeal by Leonard Robinson (Petitioner) from an order of the Pennsylvania Board of Probation and Parole (Board) denying Petitioner's request for administrative relief. On April 20, 1981 Petitioner was paroled from prison where he had been serving a term of three to ten years for robbery. On May 10, 1983 Petitioner was arrested by Philadelphia County authorities on charges of robbery, carrying firearms on a public street/place, aggravated assault, simple assault, possession of an instrument of crime,

[ 94 Pa. Commw. Page 399]

    and recklessly endangering another person. On May 16, 1983 Petitioner was arrested by Philadelphia County authorities on charges of robbery, theft by unlawful taking, theft by receiving stolen property, aggravated assault, simple assault, recklessly endangering another person, carrying a firearm without a license, carrying a firearm on a public street/place, and possession of an instrument of crime.

On May 24, 1983 Petitioner waived his preliminary hearing with respect to the May 10, 1983 arrest and sought from the Board a continuance of his violation and revocation hearing relative to the May 10, 1983 charges. Said continuance was requested "pending disposition of criminal charges and sentencing, if convicted." Petitioner was found guilty of the May 10, 1983 charges on April 27, 1984 and sentenced on November 5, 1984. His Board hearing was held February 6, 1985.

With respect to the May 16, 1983 charges, Petitioner, on June 7, 1983, waived his preliminary hearing and sought a continuance of his Board hearing "pending disposition of criminal charges and sentencing, if convicted." Petitioner pled guilty only to the charge of robbery in connection with the May 16 incident; said plea was entered November 14, 1984. Sentencing was deferred. Petitioner's Board hearing relative to the May 16 charges was held February 6, 1985. Subsequent to the hearing the Board issued an order recommitting Petitioner to serve six years, seven months, and twenty-three days as a convicted and technical parole violator,*fn1 the balance of his original

[ 94 Pa. Commw. Page 400]

    term. Petitioner's petition for administrative relief was denied and hence the instant appeal to this Court.

On appeal Petitioner presents three arguments for our consideration. We will address them seriatim keeping in mind that our scope of review of a Board order is limited to determining whether the Board's findings are supported by substantial evidence, are in accordance with the law, and whether Petitioner's constitutional rights have been violated. Krantz v. ...


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