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JOHN PITCH v. COMMONWEALTH PENNSYLVANIA (08/26/86)

decided: August 26, 1986.

JOHN PITCH, 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 John Pitch, Parole No. 0769-P.

COUNSEL

Frederick I. Huganir, Assistant Public Defender, for petitioner.

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

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

Author: Barbieri

[ 100 Pa. Commw. Page 115]

This is a parole revocation appeal wherein John Pitch petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) that 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 the remaining balance, two years, nine months, and twelve days, on his original sentence. We affirm.

[ 100 Pa. Commw. Page 116]

The factual background of this case is somewhat complex and the record presents the following facts which are pertinent. Pitch was initially sentenced to a term of one to five years in Lebanon County Common Pleas Court as a result of his conviction for Theft by Deception*fn1 and Forgery.*fn2 He was last paroled by the Board on November 5, 1981,*fn3 to a plan in Denver, Colorado. Colorado parole authorities had agreed to supervise him on behalf of the Board pursuant to the Interstate Compact.*fn4

On May 31, 1982, Pitch was arrested by Colorado authorities and charged with Robbery.*fn5 He posted bail and Colorado authorities allowed him to remain at liberty on parole. He absconded on or about September 1, 1982 but was subsequently arrested in Canada and returned to Colorado authorities.*fn6 He was convicted of Robbery in El Paso County, Colorado, Court on March 4, 1983 and was sentenced to a term of two years in a Colorado state prison. The Board subsequently filed its detainer against him with Colorado authorities.

[ 100 Pa. Commw. Page 117]

He was paroled on the Colorado sentence on September 19, 1983 and refused extradition to Pennsylvania and was released on bond pending an extradition hearing.*fn7 The Board declared him delinquent effective January 5, 1984, when he failed to appear in Colorado for a habeas corpus hearing. His whereabouts continued to be unknown until his arrest on May 15, 1985 in Parkesburg, Pennsylvania, for Disorderly Conduct,*fn8 Public Drunkenness,*fn9 and Harassment.*fn10 The Board lodged its warrant and detainer the following day and Pitch was confined in Chester County Prison.

The Board afforded Pitch with a parole Violation/Revocation Hearing at the Chester County Prison on June 10, 1985 before a Board hearing examiner. After a discussion with the hearing examiner and his family, he waived counsel and proceeded to admit to all ...


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