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DON M. SIMPSON v. COMMONWEALTH PENNSYLVANIA (04/03/89)

decided: April 3, 1989.

DON M. SIMPSON, 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 Don M. Simpson, Parole No. 4024K.

COUNSEL

Frederick I. Huganir, Assistant 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.

Author: Smith

[ 124 Pa. Commw. Page 544]

Petitioner, Donald M. Simpson, appeals from a denial of a request for reconsideration by the Pennsylvania

[ 124 Pa. Commw. Page 545]

Board of Probation and Parole (Board). The Board is affirmed.

Petitioner was paroled on June 3, 1984 from two concurrent sentences of four to fifteen years and one to ten years imposed as a result of his convictions for burglary, theft and receiving stolen property to a plan in Florida under the Uniform Compact for Out-of-State Parolee Supervision.*fn1 While on parole, Petitioner was arrested in Myrtle Beach, South Carolina and charged with assault with a deadly weapon (vehicle) and failure to stop for a blue light/siren. Petitioner pleaded guilty to his failure to stop for a blue light/siren and the assault charge was subsequently nolle prossed. He was sentenced on December 11, 1987 to a one-year prison term which was suspended to one-year probation to terminate upon his return to Pennsylvania.

Upon Petitioner's return to Pennsylvania on December 22, 1987, a violation hearing was conducted at which time he received six months as a technical parole violator. Petitioner filed a request for administrative relief which was denied. Petitioner did not timely appeal from the denial of administrative relief; however, Petitioner did file a timely appeal from the Board's July 1, 1988 order denying reconsideration of the administrative appeal. This Court will therefore only consider the merits of the July 1, 1988 order. See Keith v. Department of Public Welfare, 121 Pa. Commonwealth Ct. 405, 551 A.2d 333 (1988).*fn2

Petitioner claims that the Board erred in determining that the Pennsylvania offense of resisting arrest is the offense most analogous to the South Carolina offense for failure to stop for a blue light/siren. Petitioner claims

[ 124 Pa. Commw. Page 546]

    instead that the Pennsylvania Vehicle Code prohibition against fleeing or attempting to elude a police officer, Section 3733 of the Pennsylvania Vehicle Code, 75 Pa. C.S. § 3733, is more closely related to the South Carolina offense. Specifically, Petitioner objects to the Board's order, which in response to Petitioner's claim, stated that the sentence received by Petitioner in South Carolina was much more severe than the summary conviction and $200.00 fine that Petitioner would receive if he were found guilty of the Pennsylvania Vehicle Code prohibition. According to Petitioner, the Board's decision is in direct contravention to this Court's holding in Harrington v. Pennsylvania Board of Probation and Parole, 96 ...


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