Appeal from the Order of the Pennsylvania Board of Probation and Parole, in the case of Leon Newsome, No. 2211K.
Joseph A. Ratasiewicz, Office of Public Defender, for petitioner.
Timothy P. Wile, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Smith. Judge MacPhail did not participate in the decision in this case.
[ 123 Pa. Commw. Page 414]
Petitioner appeals from an order of the Pennsylvania Board of Probation and Parole (Board) denying Petitioner's request for administrative relief from the Board's parole recommitment order recorded on February 19, 1986.
Petitioner was paroled by the Board on May 30, 1983 from two consecutive sentences imposed by the Delaware County Court of Common Pleas which were originally scheduled to expire on May 30, 1985. On April 7, 1985, Petitioner was charged by the Chester Township police with burglary and other related offenses and was released on bail the next day.
Before Petitioner's original sentences expired on May 30, 1985, the Board ceased to supervise Petitioner as an active case, declaring Petitioner delinquent as of April 7, 1985. On October 15, 1985, Petitioner entered a plea of guilty to charges of burglary and criminal conspiracy and was sentenced to a term of imprisonment of twenty-nine months to five years, less one day. The effective date of sentence was delayed until October 25, 1985.
On January 7, 1986, the Board charged Petitioner as a convicted parole violator, and thereafter convened a revocation hearing before an examiner at Delaware
[ 123 Pa. Commw. Page 415]
County Prison. The Board's recommitment order as recorded on February 19, 1986, directed Petitioner to serve his entire unexpired term of one year, eleven months, and twenty-nine days on backtime for his new burglary and criminal conspiracy convictions. Petitioner's maximum term expiration date on his original sentence was recomputed and extended by the Board to February 18, 1988. Petitioner filed a pro se administrative appeal which was denied by the Board on April 17, 1986. Petition for review to this Court followed.
Petitioner raises the following three issues for review: that he has been deprived of his constitutional right to due process because he was recommitted by the Board as a convicted parole violator allegedly in the absence of the Board's adequate or timely notice to him of his status as a parolee; that his due process rights were violated because the revocation hearing was not convened prior to Petitioner's entry of the guilty plea and that the Board's recommitment of him as a convicted parole violator, eight months subsequent to the expiration of his maximum term date, was untimely; and that his guilty plea was not voluntarily entered but rather induced by the Board's agent through that agent's alleged failure to adequately inform Petitioner of his status as a parolee. It is the Board's position that Petitioner has waived all of the issues that he now presents to this Court for judicial review.
Petitioner, who was counseled at the revocation hearing, questioned the examiner as to the rationale for the Board's delinquency declaration of April 7, 1985. Petitioner never stated his question in the form of an objection to the Board's proceedings. Petitioner also asked the examiner why he was not informed by the Board in May, 1985 that his parole could be revoked at some future date, or that in ...