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MICHAEL THREATS v. COMMONWEALTH PENNSYLVANIA (01/30/89)

decided: January 30, 1989.

MICHAEL THREATS, APPELLEE,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, APPELLANT



Appeal from the Order of the Commonwealth Court Entered at No. 470 C.D. 1986, on November 28, 1986, Vacating the Order of the Pennsylvania Board of Probation and Parole at Parole No. 2215-M.

COUNSEL

Robert Greevy, Chief Counsel, Arthur R. Thomas, Harrisburg, for appellant.

Robert B. Stewart, III, Huntingdon, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Zappala, Papadakos and Stout, JJ. McDermott, J., files a concurring opinion in which Nix, C.j., joins.

Author: Papadakos

[ 520 Pa. Page 183]

OPINION OF THE COURT

This is the appeal of the Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole (Board) from the Opinion and Order of the Commonwealth Court. That Court vacated the Board's decision and remanded with directions that the Board recompute the backtime to be served by Michael Threats (Appellee) as a convicted parole violator and as a technical parole violator. The Commonwealth Court reversed the Board's determination that Appellee was a technical parole violator to the extent that this finding was based on Appellee's possession of a weapon during the commission of various robberies for which he was convicted.

The record in this matter shows that Appellee had originally been sentenced to serve a term of imprisonment of two to four years for convictions of robbery,*fn1 burglary,*fn2 recklessly endangering another person,*fn3 and possession of an instrument of crime.*fn4 The Board put Appellee on parole

[ 520 Pa. Page 184]

    on February 4, 1984, with one year, six months and twenty-six days of his original sentence unserved. Among the conditions of parole placed on Appellee at that time were that: 1) Appellee report a change in residence to the Board (Condition 2); 2) Appellee report twice a month to his parole supervision staff (Condition 3a); Appellee notify his parole supervision staff within seventy-two hours of any arrest (Condition 3b); and 4) Appellee refrain from owning or possessing weapons (Condition 5b).

On February 25, 1985, Appellee was convicted of four counts of robbery and was sentenced to concurrent sentences of imprisonment of ten to twenty years. Based on these convictions, the Board notified Appellee that it would conduct a hearing to determine Appellee's status as a convicted and technical parole violator pursuant to Section 21.1 of the Pennsylvania Board of Parole Act.*fn5

At the hearing held on April 25, 1985, Appellee stipulated to all the convictions and ...


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