Opinion

Commonwealth v. Mitchell

  • 2008 Pa. Super. 190
  • 955 A.2d 433
  • 2008 Pa. Super. LEXIS 2056
  • 2008 WL 3582731
Court
Superior Court of Pennsylvania
Filed
Aug 15, 2008
Status
Published
Author
Klein
On the bench
Lally-Green, Klein, Gantman
Cited by
22 cases

order of probation can be changed or revoked if, at any time before defendant completes maximum period of probation, or before he has begun service of probation, defendant commits offenses or otherwise demonstrates he is unworthy of probation

How later courts described this case

  • order of probation can be changed or revoked if, at any time before defendant completes maximum period of probation, or before he has begun service of probation, defendant commits offenses or otherwise demonstrates he is unworthy of probation
  • “Under Pennsylvania law, an order of probation can be changed or revoked ‘if, at any time before the defendant has completed the maximum period of probation, or before he has begun service of his probation’ the defendant commits offenses or otherwise demonstrates he is unworthy of probation.”
  • the trial court retains the power, authority, and jurisdiction to revoke special probation and sentence the defendant, regardless of the Parole Board’s supervisory powers
  • “[T]he trial court at all times retained the power, authority, and jurisdiction to assess whether Appellant violated his ‘special’ probation, to revoke it, and to re-sentence Appellant following revocation[.]”

Written by the judges who cited it.

The opinion

CONCURRING STATEMENT BY

KLEIN, J.:

¶ 1 I fully join in the result and the scholarly opinion by my distinguished colleague. I write separately only to note the practical reasons for the sentence structure established by the legislature. Often, a trial judge will wish to put a “tail” on a defendant’s sentence that extends beyond the time of his or her parole. Also, if there is a violation, the judge may wish to impose a new sentence that is longer than the amount of time remaining on the defendant’s parole. Therefore, there are often good reasons to impose both a sentence to a state institution and separate probation.

¶ 2 At the same time, it is inefficient to have two different entities and agents supervising the same defendant at the same time. Therefore, by using special probation to be supervised by the Pennsylvania Board of Probation and Parole, the agent handling the parole will also handle the probation. At the same time, the trial judge retains his or her authority to resen-tence if there is a violation. This scheme is logical and maintains judicial discretion without duplicating effort.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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