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KEITH LAGUINES v. COMMONWEALTH PENNSYLVANIA (04/16/87)

decided: April 16, 1987.

KEITH LAGUINES, 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 Keith Laguines, Parole No. 1767-M.

COUNSEL

Allen P. Powanda, Assistant Public Defender, for petitioner.

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

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 105 Pa. Commw. Page 301]

This appeal results from an order of the Board of Probation and Parole (Board) which denied Keith Laguines (petitioner) administrative relief from a Board parole revocation order. That order revoked petitioner's parole and recommitted him to imprisonment as a technical and convicted parole violator to serve a total of twelve months backtime.

Petitioner was originally paroled on May 17, 1982, during a five-to-twelve-year sentence imposed after his conviction for burglary. On December 20, 1984, however, he was arrested on a charge of criminal trespass and imprisoned. At the same time, the Board issued a warrant to commit and detain petitioner because of a technical parole violation. From this point on petitioner was continually in jail, having been unable to post bail.

Prior to his conviction on the criminal trespass charge, the Board ordered petitioner to serve three months of backtime for failing to comply with the parole condition that he maintain regular contact with parole officials.*fn1 The order noted that petitioner be "[r]eturn[ed] as a TPV when available and schedule violation

[ 105 Pa. Commw. Page 302]

    hearing."*fn2 Subsequently, on August 19, 1985, a trial court sentenced petitioner on the criminal trespass charge, imposing a term of imprisonment of eight months to five years. At this point petitioner had been jailed for eight months pursuant to the arrest.

On August 22, 1985, petitioner was transferred to a state prison, and on December 3rd of the same year a parole violation hearing was held. On that date the Board ordered petitioner recommitted as a convicted parole violator to serve nine months of backtime. The Board also "reaffirm[ed]" its prior order recommitting petitioner for three months as a technical parole violator. Credit against the new sentence was given for the entire period of petitioner's pre-recommittal incarceration, a period of eleven months and fourteen days, and petitioner's aggregate, twelve-months of backtime was calculated to commence as of the date of the recommittal, December 3, 1985.

Petitioner appealed, asserting as error only that the Board had erroneously commenced "his [back]time from December 3, 1985 [the date petitioner was formally recommitted by the Board]," rather than from August 19, 1985, the date of his sentencing. The Board, however, denied the appeal, noting that, because petitioner had never posted bail, the time spent in jail from the date of arrest until the Board's decision, December 3, 1985, "must be ...


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