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EDWARD HILLANBRAND v. COMMONWEALTH PENNSYLVANIA (04/23/86)

decided: April 23, 1986.

EDWARD HILLANBRAND, 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 Edward Hillanbrand, Parole No. 8604-P.

COUNSEL

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

No appearance 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 485]

Edward Hillanbrand 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 recommitted him to prison to serve twenty-four months on backtime as a technical parole violator and fifteen months on backtime as a convicted parole violator, for a total of thirty-nine months

[ 96 Pa. Commw. Page 486]

    on backtime. In that Hillanbrand was incarcerated at the State Correctional Institution at Graterford (SCI-Graterford) at the time he filed his pro se petition for review, and had filed affidavit of indigency as required by Section 6(b) of the Public Defender Act, Act of December 2, 1968, P.L. 1144, as amended, 16 P.S. § 9960.6(b), we appointed the Public Defender of Montgomery County to represent him in this appeal. See Bronson v. Pennsylvania Board of Probation and Parole, 491 Pa. 549, 421 A.2d 1021 (1980), cert. denied, 450 U.S. 1050 (1981); Brewer v. Pennsylvania Board of Probation and Parole, 90 Pa. Commonwealth Ct. 75, 494 A.2d 36 (1985). Following receipt of the Board's certified record, the public defender filed a motion to withdraw as counsel on the ground that the appeal was wholly frivolous due to Hillanbrand's failure to file his appeal within thirty days of the Board's administrative order and has filed an Anders*fn1 brief. Hillanbrand has filed an answer to counsel's motion to withdraw in which he requested appointment of different counsel. It is the public defender's motion to withdraw and Hillanbrand's cross-motion for appointment of different counsel which is before the Court at this time.

The following facts are pertinent to our disposition of the motions presently before us. Hillanbrand was initially sentenced to a term of two to ten years in the Court of Common Pleas of Philadelphia County following his conviction for the offense of Robbery.*fn2 He was granted parole by the Board on that sentence effective February 14, 1983, at which time he was released from the State Correctional Institution at Rockview (SCI-Rockview).

[ 96 Pa. Commw. Page 487]

Hillanbrand was arrested on June 19, 1984 by parole agents on technical parole violation charges.*fn3 In addition to those technical violation charges, he subsequently was convicted of new criminal charges in Montgomery County Common Pleas Court.*fn4 On April

[ 96 Pa. Commw. Page 48812]

, 1985, he was given a parole Violation and Revocation Hearing at SCI-Graterford before a Board hearing examiner. He was represented by privately-retained counsel at that hearing. Following that hearing, the Board, by order dated May 29, 1985, revoked his parole and ordered that he be recommitted as a technical and convicted parole violator, as noted, to serve a total of thirty-nine months on backtime. He filed a pro se administrative appeal with the Board pursuant to 37 Pa. Code § 71.5(h) which was denied on July 26, 1985. Thereafter he filed a pro se petition for review and an application to proceed in forma pauperis and for appointment of counsel. The public defender who was appointed to represent him, as noted, has since filed a motion to withdraw accompanied by an Anders brief. ...


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