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JOHN R. STEPOLI v. COMMONWEALTH PENNSYLVANIA (05/15/87)

decided: May 15, 1987.

JOHN R. STEPOLI, 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 the case of John R. Stepoli, Parole No. 4028-M.

COUNSEL

Cheryl J. Peck, 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 Judge Palladino.

Author: Palladino

[ 106 Pa. Commw. Page 198]

This is an appeal by John R. Stepoli (Petitioner) from an order of the Pennsylvania Board of Probation and Parole (Board) denying him administrative relief from a parole revocation order. The order recommitted Petitioner as a convicted parole violator (cpv) to serve one year, five months and six days backtime. For the reasons set forth below, we affirm.

Petitioner was convicted of robbery*fn1 by the Court of Common Pleas of Allegheny County and was sentenced to a two to four year term of imprisonment. Petitioner's minimum term expiration date was April 1, 1983 with a maximum date of April 1, 1985. The Board granted Petitioner parole, releasing him from confinement on April 1, 1983. Thereafter, Petitioner absconded from supervision and the Board declared him delinquent effective December 7, 1984.

Petitioner was arrested on November 21, 1985 by the Donora, Pennsylvania, Police Department and confined in the Washington County Prison. The Board lodged its warrant and detainer the same day.

Petitioner waived his technical parole violation preliminary hearing on December 2, 1985 and requested a full Board hearing. A full Board violation hearing was conducted on February 12, 1986 at the State Correctional Institute at Pittsburgh. The Board recommitted Petitioner as a technical parole violator (tpv) to serve his unexpired term, when available.

On April 7, 1986, Petitioner pleaded guilty to one count each of Possession with Intent to Deliver a Controlled Substance,*fn2 Former Convict Not to Own a Firearm,*fn3

[ 106 Pa. Commw. Page 199]

    and Criminal Mischief.*fn4 A parole revocation hearing was held on June 10, 1986, and Petitioner was recommitted as a cpv to serve one year, five months and six days backtime. The Board determined that Petitioner was entitled to five months and twenty-four days credit toward his original sentence for previous confinement unrelated to this incident and five months and nineteen days credit toward his new sentence for confinement from November 21, 1985 (date of arrest) to June 10, 1986 (date of recommitment as a cpv).

On appeal, Petitioner asserts that the Board erred in recommitting him as both a cpv and a tpv on separate dates, thereby causing him to serve his original maximum sentence twice. He asserts that he should be given credit for the 119 ...


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