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Coles v. Folino

United States District Court, W.D. Pennsylvania

November 4, 2014

BERNARDO COLES, Petitioner,
v.
LOUIS FOLINO, et al., Respondents.

MEMORANDUM OPINION

LISA PUPO LENIHAN, Magistrate Judge.

Bernardo Coles ("Petitioner") has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. He challenges the April 10, 2009 decision by the Pennsylvania Board of Probation and Parole (the "Board") to deny him parole. For the reasons set forth below, the petition is denied and a certificate of appealability is denied.

A. Relevant Background[1]

On October 12, 1977, Petitioner was arrested in Richmond, Virginia and subsequently convicted of Possession of Marijuana and sentenced to 30 days incarceration, suspended for 3 years.

On January 28, 1978, Petitioner was arrested for Use of Firearm in Felony Robbery and subsequently convicted and sentenced to 12 years incarceration in the Commonwealth of Virginia.

On July 14, 1978, Petitioner was arrested for Robbery and Use of a Firearm and subsequently convicted and sentenced to 12 to 1 year terms of incarceration in the Commonwealth of Virginia.

Petitioner was released from incarceration in 1981.

On November 29, 1983, a felony arrest warrant was issued for Petitioner in Richmond, Virginia. This warrant is currently lodged as a detainer against Petitioner. On June 6, 1984, a criminal complaint was filed against Petitioner in Berks County, Pennsylvania.

On August 30, 1984, an information was filed in Berks County, Pennsylvania, charging Petitioner with attempt to commit murder, firearms not to be carried without a license, four counts of robbery, aggravated assault, simple assault, theft by unlawful taking, receiving stolen property, crimes committed with a firearm, and criminal conspiracy.

On March 8, 1988, a felony arrest warrant was issued for Petitioner in Henrico, Virginia.

On March 31, 1988, Petitioner was arrested for flight to avoid apprehension in Florida.

On October 7, 1988, Petitioner was convicted by a jury in Berks County, Pennsylvania of attempt to commit murder, four counts of robbery, aggravated assault, simple assault, theft by unlawful taking, receiving stolen property, crimes committed with a firearm, and criminal conspiracy to commit each of these offenses.

On November 7, 1988, Petitioner was sentenced to an effective term of 17.5 to 35 years incarceration in Berks County, Pennsylvania.

Petitioner's controlling maximum sentence date on the Berks County sentence is March 30, 2023.

Petitioner was received into custody at the Pennsylvania Department of Corrections on November 10, 1988, and housed at the State Correctional Institution at Graterford.

Petitioner was transferred to the custody of the Commonwealth of Virginia on November 27, 1989, to address outstanding criminal charges.

On August 15, 1990, in the Circuit Court of Henrico County, Virginia, Petitioner was sentenced to 204 years incarceration after being convicted of robbery, abduction, and use of a firearm in the commission of a ...


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