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DENNIS SIMS AFRICA v. COMMONWEALTH PENNSYLVANIA (03/28/89)

decided: March 28, 1989.

DENNIS SIMS AFRICA, 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 Re: Dennis Sims Africa, Parole No. 3832-R.

COUNSEL

John C. Armstrong, Chief, Parole Division, 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. Judge Colins did not participate in the decision in this case.

Author: Per Curiam

[ 124 Pa. Commw. Page 426]

Dennis Sims Africa (Petitioner) petitions for our review of an order of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief from a Board order recommitting him to a state correctional institution as a convicted parole violator.

On October 1, 1984, Petitioner was paroled from a sentence of three years and two months to twelve years imposed as a result of his conviction of the offenses of riot, conspiracy and terroristic threats. On March 13, 1985, the Petitioner was arrested on charges including robbery, theft and carrying a firearm.

On March 26, 1985, while being held in a county institution, the Petitioner waived his rights to preliminary

[ 124 Pa. Commw. Page 427]

    and detention hearings and requested that all violation and revocation hearings be continued pending disposition of the criminal charges filed against him. He also waived his right to a full Board hearing at that time.

On October 21, 1986, the Petitioner pled guilty to the robbery charge for which he was arrested on March 13, 1985. The trial court deferred sentencing. On November 17, 1986, the Board received official verification of the Petitioner's guilty plea. (Certified record at 23.)*fn1

On December 9, 1986, the Board held a panel revocation hearing at which the Petitioner appeared with counsel from the Philadelphia Public Defender's Office. At the hearing, the Petitioner was notified that he would have to seek other counsel inasmuch as an internal operating procedure in the Public Defender's Office prohibited his further representation. When the Petitioner expressed his desire to be represented by counsel the ...


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