Gottschalk v. Commonwealth
Gottschalk v. Commonwealth
Opinion of the Court
Opinion by
Mr. Gottschalk appeals here from the denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). We vacate and remand.
Recommit as a technical parole violator to serve 12 months, and as a convicted parole violator to serve unexpired term—4 years, 7 months, 22 days. Evidence relied on: conviction in a court of record. Court documents. Agents testimony. Conviction in a court of record for the offense of rape has a presumptive range of 30 to 40 months. The presumptive range for violation of condition # 5C 6 to 18 months. Reasons: Conviction in a court of record established. Violation of condition # 5C established. Assaultive nature of offense.
Thereafter, Gottschalk requested the Board to review its order in light of our Supreme Courts decision in Rivenbark v. Pennsylvania Board of Probation and Parole, 509 Pa. 248, 501 A.2d 1110 (1985). Acceding to that request, the Board then entered the following order:
Modify Board action of 3-16-83 by deleting all reference to technical parole violation. Reaffirm recommitment as a CPV to serve unexpired term—4 years, 7 months, 22 days. Maximum remains at 11-8-87.
Gottschalks sole complaint is that the Boards deletion of the recommitment time for a technical parole violation under Rivenbark has had no practical effect upon his recommitment time. To put it another way, Gottschalk contends that his recommitment time should be shortened by twelve months.
It is the Boards position that since the recommitment for a technical parole violation and a convicted pa
It will be noted that the Boards 1983 order which recommitted Gottschalk for 4 years, 7 months and 22 days was based upon a presumptive range of 30 to 40 months for the conviction of rape,
We, accordingly, must vacate the Boards order and remand the case to the Board for a recomputation of the recommitment order dated July 3, 1986 or a written statement justifying the deviation from the presumptive range for conviction of rape.
Order
The order of the Board of Probation and Parole denying Glenn Gottschalk administrative relief is vacated and the case is remanded to the Board for proceedings not inconsistent with the foregoing opinion.
Jurisdiction relinquished.
See 37 Pa. Code §75.2 which has since been amended to show a presumptive range of 30 to 48 months.
See 37 Pa. Code §75.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.