Chapman v. Commonwealth

484 A.2d 413, 86 Pa. Commw. 49, 1984 Pa. Commw. LEXIS 1999
CourtCommonwealth Court of Pennsylvania
DecidedNovember 7, 1984
DocketAppeal, No. 2399 C.D. 1983
StatusPublished
Cited by84 cases

This text of 484 A.2d 413 (Chapman v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Commonwealth, 484 A.2d 413, 86 Pa. Commw. 49, 1984 Pa. Commw. LEXIS 1999 (Pa. Ct. App. 1984).

Opinion

Opinion by

Judge Williams, Jr.,

This is an appeal by Randy Chapman (Chapman) who petitions for review from a denial of administrative relief by the Pennsylvania Board of Probation [51]*51and Parole (Board) regarding a Board recommitment order. That order revokes Chapman’s parole and recommits him to prison as a convicted and technical parole violator to serve backtime. Chapman contends that there is not substantial evidence in the record to support the Board’s order and that the amount of backtime the Board ordered him to serve is so unduly harsh and excessive that it amounts to a manifest abuse of discretion. We affirm.

Chapman was originally sentenced in 1979 by Judge Bichette of the Court of Common Pleas of Philadelphia County to a term of two to ten years following his conviction of the offense of Bobbery.1 That sentence carried a maximum term expiration date of October 23, 1989. The Board paroled Chapman effective October 23, 1981 at which time he was released from the State Correctional Institution at Graterford (SCI-Graterford).

On March 2,1982, a complaint was filed with Philadelphia Police by Kenneth Armstrong. Armstrong alleged that Chapman and two of his brothers appeared outside of his Philadelphia residence with firearms and shot at him.2 On the basis of Armstrong’s complaint, Philadelphia Police arrested Chapman on March 3, 1982 and he was charged with Aggravated Assault,3 Simple Assault,4 Becklessly Endangering Another Person,5 Possession of an Instru[52]*52ment of Crime,6 Criminal Conspiracy,7 and Violating the Uniform Firearms Act.8 Chapman did not post bail and remained incarcerated in Philadelphia County Prison.

On April 12, 1983, Chapman appeared in Philadelphia County Common Pleas Court and entered a negotiated plea of guilty to the new criminal charges.9 Judge Lehrer sentenced Chapman to a term of one and one-half to five years on the Aggravated Assault charge, suspended sentence on the Criminal Conspiracy charge, and the remaining charges were nolle prossed. Shortly after sentencing, Chapman was transferred from Philadelphia County Prison to SCI-G-raterford.

On June 2, 1983, Chapman was afforded a parole Violation and Revocation Hearing at SCI-Graterford. The hearing was held before a Board hearing examiner10 and both Armstrong and Chapman’s parole agent were present and testified. In addition to the new Philadelphia County convictions, the Board also charged that Chapman violated general conditions 5B11 [53]*53and 5C12 of Ms parole. Armstrong testified in detail regarding the March 2, 1982 incident which occurred outside his home. Chapman testified in his own behalf and while he admitted being present at Armstrong’s residence, denied any shooting or being in possession of any firearms. Certified copies of court documents showing Chapman’s guilty plea were also accepted into evidence.

As a result of that hearing, on July 18, 1983 the Board ordered Chapman recommitted as a technical parole violator to serve eighteen months for violating conditions 5B and 5C of his parole and as a convicted parole violator to serve thirty months back-time for a total of forty-eight months on backtime. The Board also extended Chapman’s maximum term expiration date to July 18, 1991.13 Chapman filed a timely petition for administrative relief with the Board wMch was denied and this appeal followed.

We initially take due note of our limited scope of review of a Board recommitment order which is to determine if the order is in accordance with law, whether necessary factual findings are supported by substantial evidence, and whether petitioner’s constitutional rights were violated. Section 704 of the Administrative Agency Law, 2 Pa. C. S. §704; Zazo v. Pennsylvania Board of Probation and Parole, 80 [54]*54Pa. Commonwealth Ct. 198, 470 A.2d 1135 (1984). We are also aware that the Board bears the burden of proof of showing, by a preponderance of the evidence, that Chapman violated his parole. See 37 Pa. Code §71.2(20); cf. Commonwealth v. Brown, 503 Pa. 514, 469 A.2d 1371 (1983) (Commonwealth has burden of establishing a violation of probation by a preponderance of the evidence).

Chapman’s first contention is that the Board’s order is not supported by substantial evidence. “Substantial evidence” has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. E.g. Consolidated Edison Co. v. NLRB, 305 U.S. 197 (1938); Norfolk & Western Railway Co. v. Pennsylvania Public Utility Commission, 489 Pa. 109, 413 A.2d 1037 (1980). It requires something more than a scintilla creating a mere suspicion of the existence of the fact to be established. Barnes v. Pennsylvania Department of Justice, 70 Pa. Commonwealth Ct. 47, 452 A.2d 593 (1982).

Our review of the record as a whole compels us to conclude that there is substantial evidence to support the Board’s finding that Chapman violated his parole. The certified copies of Chapman’s Philadelphia County convictions are sufficient, by themselves, to support his recommitment as a convicted violator and as a technical violator for engaging in assaultive behavior. The testimony of Armstrong, if believed, is sufficient to support the finding that Chapman violated his parole by possessing a firearm.

We reject Chapman’s assertion that there cannot be substantial evidence due to the presence of conflicting and inconsistent evidence in the record. The mere fact that there is evidence in the record which conflicts with evidence which supports the Board’s finding does not mean those findings are not sup[55]*55ported by substantial evidence. See Kells v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 142, 378 A.2d 495 (1977) (Board’s findings based on substantial evidence are not erroneous simply because conflicting evidence was received). It is a well-established principle of administrative law that questions of resolving conflicts in the evidence, witness credibility and evidentiary weight are properly within the exclusive discretion of the fact-finding agency, here the Board, and are not matters for a reviewing court. See generally Kundrat v. Pennsylvania State Dental Council and Examining Board, 67 Pa. Commonwealth Ct. 341, 447 A.2d 355 (1982) (revocation of dentist’s license to practice); Boughter v. Pennsylvania Department of Public Welfare, 55 Pa. Commonwealth Ct. 521, 423 A.2d 806 (1980) (discontinuance of disability benefits); Maple Press Co. v.

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Bluebook (online)
484 A.2d 413, 86 Pa. Commw. 49, 1984 Pa. Commw. LEXIS 1999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-commonwealth-pacommwct-1984.