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JAMES A. HUGHES v. COMMONWEALTH PENNSYLVANIA (12/11/87)

decided: December 11, 1987.

JAMES A. HUGHES, 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 James A. Hughes, Parole No. 4999-J.

COUNSEL

John P. Liekar, Sr., for petitioner.

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

President Judge Crumlish Jr., Judge Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 111 Pa. Commw. Page 572]

James A. Hughes (Petitioner) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief.*fn1 We affirm.

[ 111 Pa. Commw. Page 573]

On September 26, 1973, Petitioner was sentenced in Westmoreland County for robbery by assault to a term of 1-to-10 years, effective April 9, 1973. The maximum expiration date of Petitioner's sentence was April 9, 1983. Starting April 9, 1974, Petitioner was paroled, recommitted, and reparoled several times, the last being July 12, 1985. At this time, Petitioner's maximum expiration date was June 25, 1987.

On August 17, 1985, Petitioner was declared delinquent by the Board for moving from his approved residence without notifying his parole officer. Subsequently, he was arrested in Westmoreland County for driving under the influence of alcohol. Released on bond, he was again arrested on October 15, 1985 for driving under the influence, unsworn falsification to authorities, false reports to law enforcement officers, receiving stolen property, and conspiracy. On November 27, 1985, Petitioner was charged in Greene County with two counts of theft by unlawful taking, alleged to have occurred in September 1985.

Petitioner pleaded guilty on March 3, 1986 to the Greene County theft-by-unlawful-taking charges, and received concurrent prison terms of 2 1/2-to-5 years effective March 3, 1986. In Westmoreland County, on June 16, 1986 Petitioner pleaded guilty to unauthorized use of a motor vehicle, and was sentenced to 11 1/2-to-23 months, effective July 2, 1986. Additionally, on a guilty plea to driving under the influence, he was sentenced to 48 hours-to-23 1/2 months, and on a guilty plea to theft by deception he received a 6-to-12 month sentence, both effective July 2, 1986.

Consequently, a full Board hearing was held on September 18, 1986, at which Petitioner was present and represented by counsel. By notice dated October 21, 1986 and mailed to Petitioner on October 30, 1986, the Board recommitted Petitioner for 48 months total backtime

[ 111 Pa. Commw. Page 574]

    as both a technical parole violator (TPV) and a convicted parole violator (CPV). As a TPV, Petitioner received 12 months for violating conditions number 2 (moving from approved residence without written permission of parole agent) and number 3 (failure to notify of arrests), and 18 months backtime for twice violating special condition number 6 (failure to complete outpatient therapy programs and consumption of alcohol). As a CPV, Petitioner was given 18 months backtime for the offenses of theft by unlawful taking, theft by deception, unauthorized use of a motor vehicle, driving without a ...


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