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SALVATOR LANZETTA v. COMMONWEALTH PENNSYLVANIA (12/28/89)

decided: December 28, 1989.

SALVATOR LANZETTA, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



PETITION FOR REVIEW (ยง 763).

COUNSEL

Bruce E. Mattock, Asst. Public Defender, Greensburg, for petitioner.

Arthur R. Thomas, Asst. Chief Counsel, with him, Robert A. Greevy, Chief Counsel, Harrisburg, for respondent.

Doyle and McGinley, JJ., and Barbieri, Senior Judge.

Author: Barbieri

[ 130 Pa. Commw. Page 314]

Petitioner, Salvator Lanzetta, appeals an order of the Pennsylvania Board of Probation and Parole (Board) which denied his request for administrative relief and ordered that he be recommitted to serve his remaining backtime for violating three technical conditions of his parole.

Originally, Petitioner was arrested and plead guilty to the offenses of robbery and aggravated assault. He was sentenced on February 17, 1981 to a minimum of five years and a maximum of ten years in the State Correctional Institution at Greensburg. On October 29, 1985, Petitioner was paroled. He was declared delinquent as of January 7, 1988, recommitted to the State Correctional Institution as a technical parole violator, and ordered to serve ten months on backtime.

On December 18, 1988, Petitioner was again paroled. His parole was subject to regular and special conditions imposed by the parole supervision staff.*fn1 Petitioner signed the

[ 130 Pa. Commw. Page 315]

    paper listing the conditions governing his parole, thereby acknowledging that he read the conditions, fully understood them, and agreed to follow them. Additionally, Petitioner acknowledged that he fully understood the penalties involved should he in any manner violate any of the listed conditions.

Within twenty-four hours of his reparole, Petitioner was arrested at the Play It Again Sam Restaurant for public intoxication and disorderly conduct. Upon arrival at the county jail, Police Officer Conroy instructed Petitioner to remove all of his belongings from his pockets and to place them on the table where they would be logged and Petitioner would be given a receipt. Petitioner responded by telling Police Officer Conroy to "go fuck himself" and punched Police Officer Conroy on the side of the head. Petitioner was subsequently charged with simple assault on a police officer and public intoxication.

On December 19, 1988, the Board issued a board warrant to commit and detain Petitioner for violating his parole. The warrant, however, failed to set forth the specific parole violations for which the Board was charging Petitioner.

In the preliminary hearing on his new criminal charges held before a magistrate on December 27, 1988, Petitioner pled guilty to the lesser offense of disorderly conduct. On December 29, 1988, the Board gave Petitioner written notice that when he pled guilty to disorderly conduct, he violated Condition # 4 of his parole which stated that Petitioner had to "comply with all municipal, county, state and Federal criminal laws, as well as the provisions of the Vehicle Code and the Liquor Code." Additionally, at the same time, but by a separate document, the Board gave Petitioner written notice that in addition to violating Condition # 4, Petitioner was charged with the following violations which would be heard, along with the original charge, at his Violation ...


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