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DAVID J. DENNIS v. COMMONWEALTH PENNSYLVANIA (10/29/87)

decided: October 29, 1987.

DAVID J. DENNIS, 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 David J. Dennis, dated October 2, 1986.

COUNSEL

Charles J. Kroboth, Jr., Public Defender, for petitioner.

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

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

Author: Barry

[ 110 Pa. Commw. Page 519]

David J. Dennis (petitioner) appeals a denial of administrative relief of the Pennsylvania Board of Probation and Parole (Board) which ordered him recommitted as a technical and convicted parole violator.

Petitioner was originally sentenced in January of 1982 by the Court of Common Pleas of Philadelphia County to a term of two to ten years following his conviction for aggravated assault. That sentence carried an initial maximum term expiration date of January 13, 1991. The Board granted the petitioner parole on this sentence effective January 13, 1983.

On March 25, 1983, petitioner was arrested by the Philadelphia Police and charged with delivery of a controlled substance and knowing and intentional possession of a controlled substance. After petitioner failed to appear for a scheduled court appearance on the new charges, the Board declared him delinquent on April 6, 1983.

On July 18, 1984, petitioner was picked up for questioning as a possible suspect in a homicide case. Upon learning of the petitioner's delinquency, after running a computer check on him, the police notified the petitioner's parole supervision staff of his arrest. On that same date, the Board filed a parole violation warrant

[ 110 Pa. Commw. Page 520]

    against petitioner charging him with technical violations of his parole and he was arrested.*fn1

On February 18, 1986, petitioner was found guilty by the Court of Common Pleas of Philadelphia County on the charges of knowing or intentionally possessing a controlled substance and manufacturing, delivering, or possessing, with intent to manufacture or deliver, a controlled substance. He was sentenced on these charges on April 14, 1986.

On August 7, 1986, the Board afforded petitioner a parole violation/revocation hearing before a Board hearing examiner at the State Correctional Institution at Graterford. At that hearing he was represented by counsel who objected to the timeliness of the hearing as to both the technical and criminal parole violations. At that time, the hearing examiner stated that the timeliness challenge would be held in abeyance pending preparation of a separate petition to the Board setting forth the petitioner's argument regarding this contention.

Following the hearing, the Board ordered petitioner's parole revoked and recommitted him as a technical parole violator to serve twelve months of backtime

[ 110 Pa. Commw. Page 521]

    and as a convicted parole violator to serve twenty-four months backtime for a total of thirty-six months of backtime.*fn2 Through counsel, the petitioner filed an administrative appeal of that revocation order which was denied by the Board on December 5, 1986. ...


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