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ROBERT PATTON v. COMMONWEALTH PENNSYLVANIA (03/03/86)

decided: March 3, 1986.

ROBERT PATTON, 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 Robert Patton, Parole No. 7518-K, dated June 20, 1985.

COUNSEL

David T. Rammler, Rammler and Langsam, 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 MacPhail.

Author: Macphail

[ 95 Pa. Commw. Page 334]

Robert Patton (Petitioner) appeals here an order of the Pennsylvania Board of Probation and Parole (Board) which denied his petition for administrative relief from a Board order recommitting him as a technical and convicted parole violator.

On January 22, 1983, while on parole, Petitioner was arrested in New Jersey and charged with illegal possession of a firearm. The Board lodged its detainer on January 25, 1983. Although the New Jersey charges were later dismissed, Petitioner was indicted and convicted on federal charges of violating the Federal

[ 95 Pa. Commw. Page 335]

Uniform Firearms Act, 18 U.S.C. § 1202, arising out of the same occurrence.

Although the record is not complete, it appears that Petitioner commenced serving his federal sentence in February of 1984 but was returned to the State Correctional Institute at Graterford (SCI-Graterford) in June of 1984.

A parole revocation hearing was scheduled for September 25, 1984 but on that date Petitioner requested a continuance to obtain private counsel, waiving the 120-day timeliness provision found at 37 Pa. Code § 71.4. A full Board hearing was held on April 3, 1985, at which time Petitioner admitted leaving the jurisdiction for New Jersey but denied having possession of a gun. On April 29, 1985, the Board recommitted Petitioner as a technical and convicted parole violator when available to serve a total of 48 months on backtime. After the Board denied Petitioner's request for administrative relief, he appealed to this Court.

Petitioner, through counsel, first argues that the Board violated Pennsylvania's Agreement on Detainers Act (Detainers Act), found at 42 Pa. C.S. §§ 9101-9108,*fn1 specifically arguing that the Board violated Article V, Sections (d) and (e) of the Detainers Act because the federal authorities did not offer, nor did the Board demand the Petitioner's return at the conclusion of his prosecution in federal court. Petitioner contends that the Board's failure to request the Petitioner's return constituted a waiver of their jurisdiction over ...


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