Superior Court 8/15/08 - COMMONWEALTH OF PENNSYLVANIA v. YUSEF MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. YUSEF MITCHELL

No. 1920 EDA 2007 2008 PA Super 190 Atlantic: n/a Filed: 8/15/2008
Appeal from the Judgment of Sentence June 28, 2007In the Court of Common Pleas of Philadelphia CountyCriminal, No. CP-51-CR-0208791-2000
Before: LALLY-GREEN, KLEIN, AND GANTMAN, JJ.
Opinion by: GANTMAN, J.
Concurring Statement by: KLEIN, J.
Appellant, Yusef Mitchell, appeals from the judgment of sentence, entered in the Philadelphia County Court of Common Pleas, following revocation of his “special” probation. Appellant asks us to determine whether the Pennsylvania Board of Probation and Parole (“Board”) had exclusive jurisdiction over his special probation for purposes of revocation and re-sentencing following revocation. Consistent with established Pennsylvania law, we hold the trial court retained the power, authority, or jurisdiction to determine whether Appellant violated his special probation, to revoke it, and to re-sentence Appellant following revocation of the special probation, notwithstanding the Board’s duties of supervision. Accordingly, we affirm.

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