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Ramirez v. Pennsylvania Board of Probation and Parole11/17/2005
Presently before this Court is a petition for leave to withdraw filed by Joseph J. Hylan, Esquire (Counsel). Counsel has been court-appointed to represent Jose Ramirez (Petitioner) in the present case. Petitioner has filed a petition with this Court for review of a decision of the Pennsylvania Board of Probation and Parole (Board), denying his request for administrative relief and recommitting him as a convicted parole violator to serve twenty-four months backtime. Counsel requests that he be permitted to withdraw on the basis that no grounds for appeal exist and the appeal is frivolous.
Petitioner was originally arrested in 1992 on two counts of violating The Controlled Substance, Drug, Device and Cosmetic Act (Drug Act) and one count of criminal conspiracy. Petitioner pleaded guilty to these charges and was sentenced to a term of incarceration of one year, three months to five years. Following the expiration of his minimum sentence, on May 28, 1993, Petitioner was released on parole. On October 14, 1993, Petitioner was arrested by the Reading Police Department on charges of possession of a controlled substance, including marijuana and cocaine. The Board thereafter issued an order to detain Petitioner pending disposition of these new criminal charges.
Petitioner was subsequently convicted of these charges and recommitted by the Board to serve six months backtime as a convicted parole violator. Approximately one year later, on December 12, 1994, Petitioner was once again released on parole. On June 23, 1995, Petitioner was arrested again by the Reading Police Department for driving under the influence of a controlled substance. The Board permitted Petitioner to remain on parole pending disposition of this new charge. Petitioner was subsequently convicted of this charge and he admitted to his continued use of drugs before a Board hearing examiner. The Board then recommitted Petitioner to serve eighteen months as a technical parole violator (drug use) and six months backtime as a convicted parole violator, with said backtime to run concurrently for a total of eighteen months.
Upon completion of his service of this backtime, Petitioner was again released on parole on June 26, 1997. However, on September 18, 1998, Petitioner was arrested by the Reading Police Department on charges of possession of a controlled substance and possession with intent to deliver a controlled substance.
The Board immediately issued a warrant to commit and detain Petitioner pending disposition of these new charges. However, Petitioner posted bail with respect to these charges on January 28, 1999. That same day, the Board issued an order canceling its previous warrant to commit and detain and authorizing Petitioner's release from temporary detention.
Petitioner thereafter failed to report to local parole supervision staff, who later learned that Petitioner fled from the jurisdiction of this Commonwealth. However, Petitioner was apprehended in Daytona Beach, Florida on August 13, 2004, and extradited back to Reading in Berks County. Approximately one month later, on September 10, 2004, Petitioner was sentenced to four consecutive six-month sentences as a result of his failure to pay child support. On November 30, 2004, Petitioner pleaded guilty to the 1998 charges relating to possession of a controlled substance and possession with intent to deliver. Petitioner was immediately sentenced to a term of incarceration of eight to twenty years on these charges.
On January 7, 2005, the Board issued another warrant to commit and detain Petitioner. On January 13, 2005, Petitioner was provided with a notice of charges and hearing at the Berks County Prison, where Petiti
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