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THOMAS REALE v. COMMONWEALTH PENNSYLVANIA (07/16/86)

decided: July 16, 1986.

THOMAS REALE, 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 case of Thomas Reale, Parole No. 875-R.

COUNSEL

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

Robert Greevy, for respondent.

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

Author: Barbieri

[ 99 Pa. Commw. Page 17]

Thomas Reale 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 as a technical and convicted parole violator to serve twenty-one months on backtime. Reale's counsel has petitioned

[ 99 Pa. Commw. Page 18]

    this Court for leave to withdraw*fn1 on the ground that the appeal is wholly frivolous. It is counsel's petition to withdraw which is before the Court for disposition.

The following facts are pertinent to our disposition of counsel's motion. Reale was initially sentenced in the Court of Common Pleas of Bucks County to a term of two to five years for his conviction of the offense of Burglary.*fn2 He was paroled by the Board on that sentence on April 15, 1984 to a detainer sentence. He was released from custody on April 27, 1984 to a parole plan in Philadelphia.

On August 23, 1984, Reale was arrested by Philadelphia Police on new criminal charges.*fn3 The Board lodged its warrant and detainer against him that same day. On August 31, 1984, the Board provided him with a Preliminary Hearing regarding the asserted technical parole violations*fn4 and a Detention Hearing*fn5 regarding

[ 99 Pa. Commw. Page 19]

    the new criminal charges. Reale appeared for the Preliminary/Detention hearing, along with counsel, and waived both hearings and requested a continuance of any further parole hearings until the disposition of his pending criminal charges. On September 4, 1984, he was arrested by Bensalem Township, Bucks County, authorities and charged with Burglary, Theft by Unlawful Taking,*fn6 and Receiving Stolen Property*fn7 stemming from a burglary of an apartment in Salem Harbour Apartments in Bensalem Township which allegedly occurred on July 25, 1984. On March 19, 1985 Reale was convicted after a jury trial in Bucks County Common Pleas Court of Theft by Unlawful Taking and Receiving Stolen Property.

On May 9, 1985, the Board afforded Reale a parole Violation/Revocation Hearing before a Board hearing examiner at the State Correctional Institution at Graterford (SCI-Graterford). At that hearing, his counsel objected to the timeliness of the Violation Hearing pertaining to the asserted ...


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