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ADOLPH JOHNSON v. COMMONWEALTH PENNSYLVANIA (06/20/86)

decided: June 20, 1986.

ADOLPH JOHNSON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, ET AL., RESPONDENTS



Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Adolph Johnson, Parole No. 2896-J, dated June 12, 1985.

COUNSEL

Robert B. Stewart, III, Chief Public Defender of Huntingdon County, for petitioner.

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

Judges MacPhail and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 98 Pa. Commw. Page 295]

Adolph Johnson, Petitioner, appeals here 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 affirmed a prior Board revocation order which recommitted him as a technical parole violator to serve eighteen months on backtime and also revoked his parole as a convicted parole violator and recommitted him to prison to serve eighteen months on backtime, for a total of thirty-six months on backtime.

The following facts are pertinent. Johnson was originally sentenced in the Court of Common Pleas of Philadelphia

[ 98 Pa. Commw. Page 296]

County to a term of three to ten years following his conviction for the offense of Robbery.*fn1 That sentence carried a minimum term expiration date of September 5, 1982 and an original maximum term expiration date of September 5, 1989. The Board granted him parole on that sentence effective February 24, 1983, at which time he was released from confinement.

On November 7, 1983, Johnson was arrested by Philadelphia Police Officers after being found in possession of a .38 caliber Colt revolver and charged with Carrying a Firearm Without a License,*fn2 Carrying a Firearm on Public Streets or Public Property,*fn3 and Carrying a Firearm Without a License in a Vehicle.*fn4 He posted bail on these charges the following day and was released from confinement. Subsequent to his release on bail, Johnson failed to keep in contact with his parole agent and the Board took action to declare him in absconder status effective November 22, 1983. On February 18, 1984, he was again arrested by Philadelphia Police who found him on a public street with a fully loaded .22 caliber gun in his belt. Bail was set at twenty-five thousand dollars for the charges stemming from that arrest; which he did not post and he remained incarcerated. The Board lodged its warrant and detainer against him on February 19, 1984. On May 17, 1984, Johnson appeared in Philadelphia Municipal Court and was found guilty of the firearms charges stemming from the November 7, 1983 arrest.*fn5 He appealed that conviction to Philadelphia County Common Pleas Court and was given a de novo trial on November 9, 1984. Between

[ 98 Pa. Commw. Page 297]

    the appeal of his municipal court conviction and his de novo trial in common pleas court, Johnson was afforded a parole Violation Hearing at the Philadelphia House of Corrections on September 11, 1984 regarding technical parole violations. On October 9, 1984, the Board issued a revocation order which revoked his parole as a technical parole violator for violating general condition 3B*fn6 and two counts of violating general condition 5B*fn7 of his parole and mandated that he serve eighteen months backtime for the technical parole violations. The Board reaffirmed this order on December 3, 1984 and set a re-parole date for Johnson. He was found guilty in common pleas court of Carrying Firearms on Public Streets or Property by Judge Michael R. Stiles who sentenced him to five years probation on January 8, 1985.

The Board afforded Johnson a parole Revocation Hearing before a Board Hearing Examiner at the Philadelphia House of Correction on January 16, 1985. He waived counsel representation at that time and proceeded to represent himself. His parole agent submitted a certified copy of a Philadelphia County Criminal Court Docket Sheet which indicated that Johnson had been convicted of Carrying Firearms on Public Streets or Property and Johnson admitted the conviction on the record. Johnson challenged the propriety of that hearing arguing that he had already been recommitted by the ...


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