Summary
The Pennsylvania Superior Court affirmed the revocation of the appellant’s probation and resulting sentence. It held that the lack of prior written notice of alleged technical probation violations did not require reversal because the lower court’s written opinion relied only on the direct violations for which the appellant had received notice.
Holdings
- The lack of written notice of the technical probation violations did not require reversal because the lower court's written opinion relied solely on the direct violations for which appellant had received notice, and the Commonwealth did not present evidence of the technical violations in its case in chief.
Questions Presented
- Whether probation revocation and the resulting sentence were invalid because appellant did not receive written notice before the hearing of alleged technical probation violations mentioned during the hearing.
Disposition
affirmed
Cases Cited (4)
- Morrissey v. Brewer, 408 U.S. 471, 489, 92 S. Ct. 2593, 2604, 33 L. Ed. 2d 484 (1972)(followed)
- Commonwealth v. Alexander, 232 Pa. Super. 57, 331 A.2d 836 (1974)(distinguished)
- Commonwealth v. Kates, 452 Pa. 102, 305 A.2d 701 (1973)(followed)
- Gagnon v. Scarpelli, 411 U.S. 778, 93 S. Ct. 1756, 36 L. Ed. 2d 656 (1973)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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