Appeal from the Judgment of Sentence of the Court of Common PLeas, Criminal Division, of Delaware county at Nos. 885; 1812; 1814; 1815 of 1979.
Frank J. Marcone, Media, for appellant.
Vram Nedurian, Jr., Assistant District Attorney, Newton Square, for Commonwealth, appellee.
Cirillo, Montemuro and Popovich, JJ.
[ 353 Pa. Super. Page 39]
This is an appeal from the judgment of sentence which was imposed upon appellant, Andrew Donato, after the court revoked appellant's probation. We affirm.
Appellant raises the following issues: (1) whether the trial court erred when it decided a motion to recuse itself instead of appointing another judge to decide the issue; (2) whether the trial court erred in failing to comply with the requirements of Pa.R.Crim.P. 1403 which mandate a presentence report or a statement of reasons for dispensing with same; (3) whether the trial court erred in failing to convene a timely revocation hearing; (4) whether the prosecution erred in failing to give appellant proper notice of the alleged probation violation; (5) whether the sentence imposed was illegal because it exceeded the established guidelines for technical probation violations; and (6) whether the trial court was without jurisdiction to initiate the revocation proceedings against the appellant.
The record establishes the following facts:
On September 21, 1979, appellant entered pleas of guilty to drug offenses. Because of a negotiated plea agreement in which appellant agreed to cooperate with the prosecution in several ongoing drug investigations, appellant received four concurrent terms of probation of five years each.
Approximately three years later, on July 31, 1982, appellant was arrested in Montgomery County for possession of a controlled substance with intent to deliver. A preliminary hearing was held on these charges; however, on January 4, 1983, the proceedings were terminated because the evidence was ordered suppressed.
[ 353 Pa. Super. Page 40]
Subsequently, hearings were held, and the trial court concluded that appellant was in violation of his probation. As a result, appellant's probation was revoked, and appellant received a term of imprisonment of not less than three nor more than five years minus one day. Appellant's motion for reconsideration of sentence was denied, and this appeal followed.
Appellant argues that the trial court was without authority to initiate the revocation proceedings against appellant. We must disagree.
The trial court's authority to impose a term of probation has been set forth in the following manner:
Whenever any person shall be found guilty of any criminal offense by verdict of a jury, plea, or otherwise, except murder in the first degree, in any court of this Commonwealth, the court shall have the power, in its discretion, if it believes the character of the person and the circumstances of the case to be such that he is not likely again to engage in a course of criminal conduct and that the public good does not demand or require the imposition of a sentence to imprisonment, instead of imposing such sentence, to place the person on probation for such definite period as the court shall direct, not exceeding the maximum period of imprisonment allowed by law for the offense for which such sentence might be imposed. 61 P.S. § 331.25.
However, the authority to supervise a probationer and/or a parolee is within the province of the Pennsylvania Board of Probation and Parole as set forth in the following statutory scheme:
331.17. Powers of board respecting parolees; supervision of persons placed on probation; sentences for less than two years excepted
The board shall have exclusive power to parole and reparole, commit and recommit for violations of parole, and to discharge from parole all persons heretofore or hereafter ...