HomeMy WebLinkAbout07-5972o?r99- 7-1;;2
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA
CUMBERLAND COUNTY
ROBERT HODGES
PETITIONER
VS.
PENNSYLVANIA BOARD OF PROBATION
AND PAROLE
RESPONDENT -
K
PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGES OF THE COMMONWEALTH COURT:
NOW COMES the petitioner, Robert Hodges, who by way of pro se, respectfully
petitions this Honorable Court for a writ of mandamus to be directed to the
Pennsylvania Department of Corrections and Pennsylvania Board of Probation and
Parole and avers the following in support thereof:
PETITION FOR REVIEW
1) This Court holds jurisdiction over this matter pursuant to section 763 of the
Judicial code, 42 Pa C.S. § 763.
2) Petitioner is Robert Hodges, an adult individual, who is currently incarcerated
at the State Correctional Institution at Camp Hill.
3) Respondents are The Department of Corrections and the Pennsylvania Board of
Probation and Parole.
4) Petitioner is incarcerated for technical violations and parole violations.
5) Petitioner was paroled 10/4/04 from SCI Camp Hill.
6) While on parole, Petitioner was arrested 10/14/05 for a new offense.
7) The same day of the arrest, a State detainer was lodged against him.
8) While incarcerated in Delaware County Prison, petitioner had a violation
hearing 10/24/05.
9) Petitioner had a hearing for his new offenses, which the Court granted him R.O.J.
bail.
10) Petitioner was not released but later transferred to SCI Graterford on 12/16/05.
11) While there, petitioner recieved a decision from the Board of Probation and
Parole via Green Sheet.
12) As recorded 12/15/05, the Board made the following decision.
13) 1. To be detained pending disposition of criminal charges.
14) 2. Recommit to a State Correctional Institution as a technical parole violator
when available to serve a 12 months backtime.
15) 12 months for multiple technical parole violations.
16) On 3/1/06, petitioner was transferred from SCI Graterford to SCI Camp Hill.
17) SCI Camp Hill is where the Petitioner was classified originally.
18) While at SCI Camp Hill, petitioner was transferred back to Delaware County to
face the charges against him.
19) Petitioner was charged with DUI/ Refusal (M).
20) On 9/12/06, petitioner was convicted and sentenced to 72 hours- six months
probation for the above stated charges.
21) After being sentenced, petioner was transferred back to SCI Camp Hill.
22) On 10/6/06, petitioner was signed out of SCI Camp Hill to return to Delaware
County to serve the 72 hour sentence.
23) After serving the sentence, SCI Camp Hill placed a detainer on the petitioner
for him to return to the institution.
24) The Detainer read as such:
25) Please return Robert Hodges upon completion of the 72 hour sentence.
26) On 11/6/06 Delaware County returned the Petitioner to the institution.
27) Camp Hill claims that the petitioner was not recommitted until 5/9/07.
28) On 3/16/07, petitioner was given a revocation hearing for being convicted of
new criminal offenses.
29) The hearing was held by the Pennsylvania Board of Probation and Parole.
30) Petitioner recieved a decision via green sheet as follows:
31) As recorded 5/9/07 The Board of Probation and Parole rendered the following
decision in your case:
32) 1. Refer to board action of 12/15/05 to recommit to a state correctional
institution as a technical parole violator to serve 12 months and now;
33) Recommit to a state correction institution as a convicted parole violator for
a total of 12 months total back time.
34) 2. Recommit as a convicted parole violator for the offnses of Driving Under
the Influence and Disorderly Conduct.
35) Throughout this process, petitioner has been incarcerated for a total of 22
months.
36) The time of incarceration is from 10/14/05 until the present day and time.
37) Petitioner was granted parole on 10/4/04 for an accumulated 1 year and 10 days
street time before being arrested 10/14/05.
38) Upon recieving his status sheet and green sheet 5/23/07, petitioner noticed
an error on the both of them.
39) On the status sheet, petitioner was only given credit for 333 days of
incarceration.
40) Petitioner was not given credit for the resrt of the time spent incarcerated.
41) Petitioner has been under the care custody and controll of the Department of
Corrections and the Pennsylvania Board of Probation and Parole since 10/14/05.
42) Petitioner has not recieved any notification from his parole agent at the
institution.
43) Petitioner and his family have contacted the secretary's office and have
not recieved any form of response to these facts.
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44)- ,When..peti-boner was granted parole on 10//04, his maximum date was 3/9/07.
45) After having a revocation hearing on 3/16/07, petitioner's new maximum date
was changed to 9/15/08.
46) This is 18 months from the old maximum date.
47) Petitioner only had one year and ten days of street time from 10/4/04 to
10/14/05.
48) There was an additional 6 months added to the petitioner's old maximum date.
49) Petitioner's new maximum date should not have exceeded beyond one year and ten
days of the old maximum date, 3/9/07.
50) Petitioner has appealed his green sheet and status sheet numerous times,.
51) These appeals were addressed to the Pennsylvania Office of the Board Secretary.
52) Petitioner hasecieved any response at all from the office of the Board
Secretary.
53) These appeals were filed within the 30 day time period after recieving his
green sheet 5/23/07.
54) The P.B.P.P. has not answered these appeals.
55) SCI Camp Hill records office claims that the additional 6 months was added
from the 72 hours, six month sentence that the petitioner recieved 9/12/06.
56) A county sentence cannot be added to a state sentence unless it was ran
concurrent with each other.
57) Petitioner finds that the time served from his initial arrest should be
credited by the Pennsylvania Board of Probation and Parole.
58) Pennsylvania Board of Probation and Parole, respondent that the Petitioner was
entitled to credit against his original sentence and further clarifies the
rules for crediting time in: Gaito 488 Pa. 397, 412 A2d 568 (1980) Vs. PBPP.
59) See also Barry L. Melhrn v PBPP 883 A2d 1123 (2005)
60) Also in Melhorn, the covict provides that a sentencing Judge does not have
authoruty to make crediting decisions.
61) And under section 9760 cl of the sentencing code 42 Pa. C.S.A. § 9760 ,
credit is mandated against his maximum date for all time spent in custody
prior to trial.
62) It seems the Pennsylvania Board of Probation and Parole has attached this
sentence to his controlling sentence which is a reversable error, as the
court has addressed.
63) I feel that I have no other recourse but to file this petition due to the
errors made and the blatant disregard of rules and policy in this matter.
64) Petitioner humbly requests that this Honorable Court to grant this petition
for writ of mandamus.
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Respectfully Submitted,
IAe
907
Robert Hodges, o se
UNSWORN DECLARATION
I, Robert Hodges, do hereby verify that the facts set forth in the within
petition are true and correct to the best of my knowledge, information and belief
and that any false statements herein are made subject to the penalties of 18
Pa. C.S.A. § 4904, relating to unsworn falsification to authorities.
Date:
Robert Hodges, RAE se
Petitioner
Prothonotary of Cumberland County
Curtis R. Long
Civil Division
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pa 17013-3387
PROOF OF SERVICE
I Robert Hodges, herby verify that I am this day serving the foregoing
document in the manner listed below which service satisfies the requirements
of Pa. R.A.P. 121. This service also satisfies the requirements of the
Prisoner's Mailbox Act;
(Com. v Jones 700 A2d 423; Houston v. Lack 108 S.Ct. 2379):
Service by First Class Mail:
Prothonotary of Cumberland County
Curtis R. Long
Civil Division
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pa 17013-3387
Date:
U 7
Robert Hodges, P,06 se
Petitioner
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IN THE COURT OF COMMON PLEAS OF '
CRIMINAL DIVISION
97? CivlJ T???
0
COMMONWEALTH OF PENNSYLVANIA, NO•
VS.
De endant.
IN FORMA PAUPERIS VERIFIED STATEMENT
Zo ble-e- / D e states under the penalties provided by 18 1.5 Pa.C.S. § 4904 (unsworn falsification to authorities) that:
1. I am the defendant in the above action and because of my financial
condition am unable to pay the fees and costs relative to the filing of a notice
of appeal to the Pennsylvania Superior Court.
2. My responses to the questions below relating to my ability to pay the
fees and costs of prosecuting an appeal are true and correct.
(a) Are you presently employed? Yes ( ) No (?)•
(1) If the answer is yes, state the amount of your salary or wages per
month and give the name and address of your employer.
(2) If the answer is no, state the date of your last employment. and the
salary and wages per month which you received. ?/?U%ii 9? a7/?/?J?/•S?K/
(b) Have you received within the past twelve months any income from a business,
profession or other form of self-employment, or in the form of rent payments,
interests, dividends, pensions, annuities, social security benefits, support
payments or other source? Yes ( ) No (V/)
If the answer is yes, describe each source of income, and state the amount
received from each during the past twelve months.
(c) Do you own any cash or checking or savings account? Yes ( ) No (tl/)
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If the answer is yes, state the total amount of the items owned.
(d) Do you own any real estate, stocks, bonds, notes, automobiles, or other
valuable property (excluding ordinary household furnishings and clothing)?_
If the answer is yes, describe the property and state its approximate value
and the amount of any encumbrances.
(e) List the persons, if any, who are dependent upon you for support and
state your relationship to those persons. --Az &Aoy'
(f) List all your debts and obligations.
(3) I understand that a false statement or answer to any question in this
verified statement will subject me to the penalties provided by law (misdemeanor
of the second degree).
Institution Number SCI--Camp Hill
P.O. Box 200
Camp Hill, PA 17001-0200
Defendant,
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PAGE 1
N-B1-1013
INMATE NAME
NUMBER LAST
DU1547 HODGES
BATCH DATE
# MO DY YEAR
07-,1) 7;? ClvI i TRm
INMATE ACCOUNTS SYSTEM 09-14-200"
MONTHLY ACCOUNT STATEMENT CP+M
FIRST MI OLD BALANCE.
ROBERT 20.23
TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER
AMOUNT TRANSACTION
2827 08-27-2007 13 PERSONAL GIFT FROM
3761567 ANTOINETTE 20.00 40..23
2827 08-27-2007 50 ACT 84 TRANSACTION
6018-BCT5-97 08/27/07 -4.00 36.23
8240 08-28-2007 32 CAM COMMISSARY
FOR 8/28/2007 -15.33 20.90
8248 09-05-2007 32 CAM COMMISSARY
FOR 9/05/2007 -14.85 6.05
9253 09-10-2007 10 INMATE EMPLOYMENT
CAM PAYROLL 2007 - 08 GRP 2 29.80 35.85
9253 09-10-2007 50 ACT 84 TRANSACTION *
6018-BCT5-97 09/10/07 -5.96 29.89
8254 09-11-2007 32 CAM COMMISSARY
FOR 9/11/2007 -26.75 3.14
NEW BALANCE AS OF THIS STATEMENT --------- ----------> 3.14
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ROBERT HODGES, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
PENNSYLVANIA BOARD OF
PROBATION AND PAROLE,
RESPONDENT
AND NOW, this '70
07-5972 CIVIL TERM
ORDER OF COURT
day of October, 2007, the petition for a writ of
mandamus, IS DISMISSED FOR LACK OF JURISDICTION.
By the Co
/(obertHodges, DU-1547, Pro se
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001-0200
:sal S
Edgar B. Bayley, J.
j w
t..-
ROBERT HODGES, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
PENNSYLVANIA BOARD OF
PROBATION AND PAROLE,
RESPONDENT 07-5972 CIVIL TERM
ORDER OF COURT
AND NOW, this
day of October, 2007, the petition for a writ of
mandamus, IS DISMISSED FOR LACK OF JURISDICTION.
Robert Hodges, DU-1547, Pro se
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001-0200
sal
EDGAR B. BAYLEY
JUDGE
1 COURTHOUSE SQUARE
ISLE. PENNSYLVANIA 17013-3387
By the Co
Edgar B. Bayley, J.
PN
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i"Gi IGv^rc , i 13' 0004631 598 OCT 30 2007
-- rt` Jo iMNLO i1Uir! ar MAILED FROM ZIP CODE 1 701 3
_ C:`',"'. ilui?^
- name.:P,nd nuinbnr
Robert Hodges, DU-1547
!lxte:..
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RETURN TO SENDER
EFUSED
UNAML.E TO FORWARD
* -022"9-Q2-20
BC: 17013 2423
I III___III......
ROBERT HODGES,
PETITIONER
V.
PENNSYLVANIA BOARD OF
PROBATION AND PAROLE,
RESPONDENT
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-5972 CIVIL TERM
ORDER OF COURT
-7y day of October, 2007, the petition for a writ of
/(obert Hodges, DU-1547, Pro se
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001-0200
:sal S
tagar m. aayley, J.
R. LONG
notary '•,..? ndt housed her
nd County Can S6'd here
Louse Square need not locate in rftm*
PA 17013 need inmate number ull 'el need
9d Committed r•-nWft
.o R,. me and number
fo'" do not march
44
:
" Mr. Robert Hodges
DU-1 54
4
4 ?915 PQ%t
7 PII HFY 1SOy1/ES
02 1A $ 00.750
0004631598 NOV09 2007
MAILED FROM ZIPCODE 1 701 3
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