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DANIEL BURGOS SANTIAGO v. COMMONWEALTH PENNSYLVANIA (03/19/86)

decided: March 19, 1986.

DANIEL BURGOS SANTIAGO, 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 Daniel Burgos Santiago, Parole No. 2850-P, dated April 3, 1984 and July 3, 1984.

COUNSEL

Daniel Burgos Santiago, petitioner, for himself.

Wendie Ziegler, Assistant Public Defender, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 96 Pa. Commw. Page 52]

Daniel Burgos Santiago has petitioned for review of an order of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a Board parole revocation order. That revocation order revoked his parole and returned him to prison as a convicted parole violator to serve fifteen months on backtime, when available. Since Santiago was incarcerated at the State Correctional Institution at Rockview (SCI-Rockview) when he filed his pro se petition for review, this Court appointed the Public Defender of Centre County to represent him in his appeal pursuant to our holding in Passaro v. Pennsylvania Board of Probation and Parole, 56 Pa. Commonwealth Ct. 32, 424 A.2d 561 (1981).*fn1 Santiago's counsel has since filed a

[ 96 Pa. Commw. Page 53]

    petition to withdraw and an Anders*fn2 brief on the grounds that the appeal is wholly frivolous. Santiago has answered counsel's motion to withdraw and filed a pro se brief in which he raises those points which he considers worthy of merit. It is counsel's petition to withdraw which is before the Court at this time.

The following facts are pertinent to our disposition of this matter. Santiago was initially sentenced in Lancaster County Common Pleas Court on June 13, 1980 to a term of three to six years following his conviction for the offense of Robbery.*fn3 That sentence was modified by Judge Bucher on June 27, 1980 to time served to four years, eleven months, and twenty-nine days. The original maximum term expiration date of that sentence was January 14, 1984, Santiago being given credit for one-year, four months, and twenty-eight days prior commitment time.*fn4 He was paroled from the Lancaster County Prison on December 22, 1980.*fn5

[ 96 Pa. Commw. Page 54]

Santiago was arrested by Lancaster County Police on December 28, 1980 and charged with Burglary.*fn6 He was sentenced to a term of one to three years following his plea of guilty to that offense. On November 9, 1981, the was given a Full Board Revocation Hearing at which time he waived counsel representation. On November 12, 1981, the Board revoked his parole and ordered that he be returned to prison as a convicted parole violator to serve fifteen months on backtime, when available.*fn7 He was transferred on December 28, 1983 from Lancaster County Prison to SCI-Rockview. On that date he completed serving the maximum term of his Burglary sentence and became available to the Board to serve the backtime imposed by its order of November 12, 1981. On January 10, 1984, the Board entered an order in which it reaffirmed its revocation order of November 12, 1981 and set a tentative re-parole date of March 28, 1985 and recomputed the maximum term of his Robbery sentence pursuant to Section 21.1(a) of the Act of August 6, 1941 (Parole Act), P.L. 861, added by the Act of August 24, 1951, P.L. 1401, as amended, 61 P.S.

[ 96 Pa. Commw. Page 55]

§ 331.21a(a), to January 20, 1987.*fn8 Santiago pursued both a pro se and a counseled administrative appeal with the Board pursuant to 37 Pa. Code § 71.5(h) which were ...


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