Commonwealth v. Kale

Superior Court of Pennsylvania

Commonwealth v. Kale

371 A.2d 859, 244 Pa. Super. 574

Superior Court of Pennsylvania·Decided December 20, 1976·No. Appeal, No. 1599·Published

Opinion

OPINION

PER CURIAM:

There is no indication on the record that appellant received the required written notice prior to his probation revocation hearing. The [575] judgment of sentence, therefore, is reversed and the case remanded with instructions to hold a new probation revocation hearing after written notice of the alleged violations. Commonwealth v. Stratton, 235 Pa.Superior Ct. 566, 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Superior Ct. 498, 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Superior Ct. 57, 331 A.2d 836 (1974).

VAN der VOORT, J., dissents.

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OPINION

PER CURIAM:

There is no indication on the record that appellant received the required written notice prior to his probation revocation hearing. The [575] judgment of sentence, therefore, is reversed and the case remanded with instructions to hold a new probation revocation hearing after written notice of the alleged violations. Commonwealth v. Stratton, 235 Pa.Superior Ct. 566, 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Superior Ct. 498, 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Superior Ct. 57, 331 A.2d 836 (1974).

VAN der VOORT, J., dissents.

Commonwealth v. Kale, 371 A.2d 859, 244 Pa. Super. 574 (Pa. Ct. App. 1976).

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Opinion

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