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RICHARD UTEGG v. COMMONWEALTH PENNSYLVANIA (03/24/88)

decided: March 24, 1988.

RICHARD UTEGG, 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 Richard Utegg, No. 8837-H.

COUNSEL

Frederick I. Huganir, Assistant Public Defender, for petitioner.

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

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

Author: Barry

[ 114 Pa. Commw. Page 590]

Richard Utegg (petitioner) appeals from an order of the Board of Probation and Parole (Board) dismissing his request for administrative relief as being untimely.

On June 18, 1985, private attorney Charles Rector (Rector) entered a written appearance before the Board on behalf of the petitioner and represented him at a revocation hearing held on that date. Following that hearing, the Board entered an order on July 8, 1985 which ordered petitioner to be recommitted as a convicted parole violator, when available, to serve nine months of backtime for the offense of driving under the influence. This order was mailed to both the petitioner and Rector on July 17, 1985.

Rector, on July 8, 1985, entered a second written appearance before the Board on behalf of the petitioner and represented him at a violation hearing which began on that date and concluded on July 26, 1985. Thereafter, the Board entered an order on August 23, 1985, recommitting the petitioner as a technical parole violator,

[ 114 Pa. Commw. Page 591]

    when available, to serve his unexpired term for violating parole condition # 6, a special parole condition, by consuming alcohol and failing to attend out-patient alcohol counseling. This order was mailed to both the petitioner and Rector on September 18, 1985. It was later remailed to the same individuals on November 22, 1985.

On August 20, 1985, Rector entered a third written appearance before the Board on behalf of the petitioner and represented him at a revocation hearing which was held on that date. Following this third hearing concerning the petitioner, the Board, on October 14, 1985, entered an order recommitting petitioner as a convicted parole violator, when available, to serve three months of backtime for another conviction for driving under the influence. This order was mailed to both Rector and the petitioner on November 29, 1985.

On December 19, 1985, although Rector had not withdrawn his appearance before the Board, petitioner filed with the Board a pro se request for administrative relief from the order entered on October 14, 1985. By an order dated January 23, 1986, the Board denied petitioner relief from the order. Petitioner then, on or about February 27, 1986, filed a pro se petition for review in this court docketed at No. 430 C.D. 1986. He failed to identify in this petition the order from which he sought review. This Court appointed the Public Defender of Cumberland County (P.D.) to represent the petitioner in connection with the petition for review. Subsequently, the P.D., on behalf of the petitioner, filed a ...


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