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LEVANCE VEREEN v. COMMONWEALTH PENNSYLVANIA (09/26/86)

decided: September 26, 1986.

LEVANCE VEREEN, 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 LeVance Vereen, Parole No. 3426-R.

COUNSEL

Lorenzo W. Crowe, Jr., 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

[ 101 Pa. Commw. Page 64]

This is a parole revocation appeal wherein LeVance Vereen 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 parole violator to serve twelve months on backtime, when available. We vacate and remand.

The following facts are pertinent. Vereen was originally sentenced to a term of one to four years in the Court of Common Pleas of Northampton County as a result of his conviction for Robbery*fn1 and Conspiracy.*fn2 That sentence carried an original maximum term expiration date of June 24, 1986.*fn3 On January 4, 1984, the

[ 101 Pa. Commw. Page 65]

Board granted him parole on that sentence at which time he was released from Northampton County Prison to an in-patient drug abuse treatment program at Eagleville Hospital in Montgomery County. The Board also imposed a special condition of parole which required him to submit to random urinalyses following his release from Eagleville. Upon his successful completion of the drug program at Eagleville, he was released to the street.

On April 10, 1985, Vereen, in compliance with his special condition of parole, supplied Parole Agent Harry Widger with a urine sample. Agent Widger marked the sample and forwarded it to Healtheast Laboratory at the Lehigh Valley Hospital in Allentown. The sample tested positive for cocaine metabolites*fn4 and on April 24, 1985, the Board arrested him as a parole violator, asserting that he violated condition 5A*fn5 of his parole which required him to refrain from using dangerous drugs or narcotics or controlled substances without a valid prescription. Following his arrest, he was confined in the Northampton County Prison.

The Board held a parole Violation Hearing before a Board hearing examiner at the Northampton County Prison on July 17, 1985. At that hearing, Agent Widger introduced a copy of the report received from

[ 101 Pa. Commw. Page 66]

Healtheast Laboratory into evidence in support of the charge Vereen violated his parole by using drugs. Neither Vereen nor his counsel objected to the introduction of the laboratory report into evidence and the hearing examiner admitted it into the record. Vereen testified in his own behalf and denied any cocaine use and his counsel cross-examined Agent Widger regarding the conclusiveness of the report and the taking of the sample. On September 3, 1985, the Board issued an order which revoked his parole and recommitted him to prison to serve twelve months on backtime, when available. Vereen, through his defense counsel, filed an ...


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