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[U] Commonwealth v. Silfies

Superior Court of Pennsylvania

February 7, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
KEITH SILFIES, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order entered February 26, 2013, in the Court of Common Pleas of Lehigh County, Criminal Division, at No(s): CP-39-CR-0004272-2004.

BEFORE: ALLEN, STABILE, and STRASSBURGER, [*] JJ.

MEMORANDUM

ALLEN, J.

Keith Silfies ("Appellant") appeals pro se from the order denying his motion for extraordinary relief. We affirm.

The trial court summarized the pertinent facts and unusual procedural history as follows:

The procedural posture of this case is complicated due to Appellant's excessive filings. It is set forth in as concise a manner possible as follows.
On April 27, 2005, Appellant pled guilty to several burglary and theft-related offenses [at multiple docket numbers]. He was sentenced on June 8, 2005 to [an aggregate term of] 2½ to 6 years of incarceration, followed by 10 years on state-supervised special probation. The consecutive probationary sentence was only imposed [at Case No. 4272 of 2004].
Appellant served his time in prison and completed parole [as to all his other dockets], at which time the ten year probationary sentence from the within matter, Case No. 4272 of 2004, began to run.
Appellant committed technical violations of his probation on or around September 2, 2011 and/or September 3, 2011. A Gagnon II hearing was held on October 18, 2011, at which time Appellant's probation was revoked and he was sentenced to 10 years of special probation.
On or around December 12, 2011, Appellant was arrested and charged with Driving Under the Influence (DUI), which constituted a violation of his special probation. He was convicted of the DUI offense on February 15, 2012. On February 28, 2012, a Gagnon II hearing was held during which [Appellant] conceded the allegations in the petition against him. As a result of the violation, a five–to-ten year sentence was recommended. The Court postponed sentencing until April 3, 2012, in order to look into Appellant's eligibility for a County Intermediate Punishment drug offender program for purposes of obtaining treatment as requested by defense counsel.
On April 3, 2012, Appellant was resentenced to ten years of probation with the first 22 months to be served in the Lehigh County Treatment Continuum Alternative Program (TCAP) based on representations by defense counsel that he was eligible for the TCAP program.
Appellant absconded from the TCAP program's treatment house on June 6, 2012, at which time a warrant was issued for his arrest. He was subsequently arrested and a Gagnon II hearing was held on July 17, 2012. During that hearing, Appellant brought to the Court's attention that due to the nature of the underlying offenses, he is ineligible for TCAP, which rendered the April 3, 2012, sentence illegal. As a result of that, at the end of the hearing, the Court vacated the April 3, 2012 sentence and resentenced [Appellant] to five to ten years in a State Correctional Institution. This resentencing was not based on any violation incurred as a result of [Appellant] absconding from TCAP. As a procedural matter, the Court treated the TCAP sentence as a legal nullity. The five to ten year sentence was a resentencing based on the sustained violations arising from the DUI conviction. Thus, it was procedurally imposed following Appellant's concession to the violation on February 28, 2012.
Appellant filed a Petition for Reconsideration on July 25, 2012, which this Court denied by Order dated July 27, 2012. Appellant subsequently filed several pr ...

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