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COMMONWEALTH PENNSYLVANIA v. JOSEPH TYRONE MOORE (06/29/87)

submitted: June 29, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH TYRONE MOORE, APPELLANT



Appeal from the Judgment of Sentence of March 12, 1985, in the Court of Common Pleas of Allegheny County, Criminal at No. 7902012A.

COUNSEL

Sally A. Frick, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for appellee.

Brosky, Kelly and Watkins, JJ.

Author: Watkins

[ 366 Pa. Super. Page 535]

This case comes to us on appeal from the Judgment of Sentence imposed March 12, 1985, in the Court of Common Pleas of Allegheny County sentencing the appellant, Joseph

[ 366 Pa. Super. Page 536]

Tyrone Moore, to a term of imprisonment of not less than three (3) nor more than six (6) years.

The history of this case as set forth in the trial court's opinion is as follows:

On June 11, 1982, Defendant Joseph Tyrone Moore pled guilty at CC7902012 to the charge of robbery and was placed on five years probation. Probation violation charges were placed against Defendant, a hearing held and probation revoked. This Court sentenced Defendant to a term of 3-6 years at the State Correctional Institution at Pittsburgh. Defendant appeals.

During the revocation hearing, the Probation Officer introduced evidence of two arrests and convictions while Defendant was on this Court's probation: November 10, 1983, on charges of robbery, aggravated assault and criminal conspiracy at CC8312053, to which he pled guilty before Judge Ralph J. Cappy who sentenced him to the State Correctional Institution at Pittsburgh for a period of 34-120 months; and August 27, 1984 on charges of robbery and receiving stolen property at CC8409418 on which charges he was convicted by Judge George J. Ross on February 20, 1985, Defendant was present and offered no objections or testimony.

(Trial court opinion, July 8, 1986, p. 1)

On appeal appellant contends that his right to effective assistance of counsel was violated by counsel's failure to raise the claim of appellant's right to a speedy probation revocation hearing. Appellant further contends that counsel was ineffective for failing to file a motion for modification of sentence and that the trial court erred in not advising ...


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