Forgione v. Pennsylvania Board of Probation and Parole, 022020 PACCA, 1083 C.D. 2019

Docket Nº:1083 C.D. 2019
Opinion Judge:ELLEN CEISLER, Judge
Party Name:Robert Forgione, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent
Judge Panel:BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ELLEN CEISLER, Judge
Case Date:February 20, 2020
Court:Commonwealth Court of Pennsylvania
 
FREE EXCERPT

Robert Forgione, Petitioner

v.

Pennsylvania Board of Probation and Parole, Respondent

No. 1083 C.D. 2019

Commonwealth Court of Pennsylvania

February 20, 2020

OPINION NOT REPORTED

SUBMITTED: January 17, 2020

BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ELLEN CEISLER, Judge

MEMORANDUM OPINION

ELLEN CEISLER, Judge

Robert Forgione (Petitioner) petitions for review from the Pennsylvania Board of Probation and Parole's (Board) July 12, 2019 ruling affirming its September 25, 2018 decision, through which the Board recommitted Petitioner as a convicted parole violator (CPV) to serve nine months of backtime and recalculated his maximum parole violation date as November 28, 2019. As Petitioner's maximum date has already passed, we dismiss his Petition for Review as moot.

Petitioner pleaded guilty to a single count of carrying a firearm without a license in the Court of Common Pleas of Northampton County. On July 24, 2013 he was sentenced to three to six years in state prison. Certified Record (C.R.) at 1-2. On December 12, 2016, Petitioner was paroled by the Board, at which point the maximum date on this sentence was March 4, 2019. Id. at 4-6.

On July 7, 2017, Petitioner was arrested in Monroe County, and charged with one count of criminal mischief, one count of possession of marijuana, one count of receiving stolen property, two counts of retail theft, and one count of use or possession of drug paraphernalia. Id. at 10-16. In response, the Board issued a warrant to commit and detain Petitioner on July 8, 2017. Id. at 17. Petitioner did not make bail on the Monroe County charges, which had been set at $10, 000. Id. at 35. As such, he was held on both these charges and the Board's detainer. On February 13, 2018, Petitioner pleaded guilty in the Court of Common Pleas of Monroe County to a single count of receiving stolen property, stemming from his July 7, 2017 arrest, and was sentenced to 16 to 32 months in state prison. Id. at 24-25, 36. Petitioner received 220 days of credit for time served between his July 7, 2017 arrest and his sentencing on February 13, 2018. Id.

On March 5, 2018, Petitioner waived his rights to a parole revocation hearing and counsel, and admitted to the veracity of his February 13, 2018 guilty plea. Id. at 29-31. On April 19, 2018, the Board issued a decision which ordered Petitioner to be recommitted as a CPV to serve nine months of backtime "when available," i.e., once Petitioner had been released from serving his February 2018 sentence. Id. at 32. On April 26, 2018, Petitioner mailed an administrative remedies form to the Board, in which he expressed confusion about the...

To continue reading

FREE SIGN UP