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WAYNE D. EPPS v. COMMONWEALTH PENNSYLVANIA (10/25/89)

filed: October 25, 1989.

WAYNE D. EPPS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



PETITION FOR REVIEW.

COUNSEL

Donald R. Dorer, Esq., OFFICE OF PUBLIC DEFENDER, Carlise, Pennsylvania, For PETITIONER.

Robert Greevy, CHIEF COUNSEL, Harrisburg, Pennsylvania, For RESPONDENT.

Before: Honorable David W. Craig, Judge, Honorable Francis A. Barry, Judge, Honorable Genevieve Blatt, Senior Judge

Author: Craig

[ 129 Pa. Commw. Page 243]

OPINION BY JUDGE DAVID W. CRAIG

Wayne Epps appeals from an order of the Pennsylvania Board of Probation and Parole which recommitted Epps to serve a total of twenty-seven months of backtime as a convicted parole violator. Additionally, Epps' appointed counsel petitions this court for leave to withdraw from the case on the grounds that Epps' appeal is frivolous.

On December 18, 1987, while on parole and under board supervision, Epps pled guilty to the felony of retail theft. The board conducted a parole revocation hearing on April 13, 1988, determined Epps to be a convicted parole violator, and recommitted Epps to serve eighteen months of backtime. Epps filed no administrative appeal from the board's determination.

On June 20, 1988, Epps pled guilty to the felony of unlawful delivery of a Schedule II controlled substance. The board held a second parole revocation hearing on October 4, 1988. Based on the drug conviction, the board recommitted Epps for an additional nine months as a convicted parole violator on October 24, 1988.

After the second parole revocation hearing, Epps filed a pro se request for administrative relief with the board on November 16, 1988. The board denied Epps' request for relief on December 14, 1988. This appeal followed, and this court appointed counsel to represent Epps.

Epps contends (1) that the board's action recommitting him to serve backtime as a convicted parole violator constituted double jeopardy, (2) that the board abused its discretion by increasing Epps' backtime in the second parole revocation hearing from eighteen to twenty-seven months, and (3) that the board denied him adequate procedural due process because of its failure to grant him a full hearing board panel.

In reviewing counsel's application for leave to withdraw we must make an independent evaluation of the proceedings before the board to determine whether Epps' appeal is ...


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