COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP

COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP No. 2841 EDA 2008 2010 PA Super 101 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Judgment of Sentence of September 9, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0407621-2004.
Before: BOWES, GANTMAN, and KELLY, JJ.
Opinion by: BOWES, J.
Appellant, Ryfee Crump, appeals from the judgment of sentence imposed after the trial court revoked an earlier sentence of probation. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT JEFFREY FINK

COMMONWEALTH OF PENNSYLVANIA v. ROBERT JEFFREY FINK No. 2041 MDA 2008 2010 PA Super 18 Atlantic: n/a Filed: 2/16/2010
	Appeal from the Judgment of Sentence entered October 16, 2008 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0004384-2001
Before: BENDER, GANTMAN and POPOVICH, JJ.
Opinion by: BENDER, J.
Appellant, Robert Jeffrey Fink, appeals from the judgment of sentence of four to eight years’ incarceration imposed after Fink violated conditions of his parole. Fink raises one issue for our review: “Did the court err in finding that Mr. Fink violated his [parole] by being discharged from sex offender counseling for failing to completely disclose his sexual history, where disclosure of this history required Mr. Fink to confess to committing criminal acts, and to provide information regarding these acts which could have provided an essential link in a chain of evidence resulting in criminal charges against him?” Brief for Appellant at 4. We concur in Fink’s assessment that questions posed in a questionnaire he was required to complete in sex offender counseling would reveal “essential link[s] in a chain of evidence” that could support criminal prosecution on other charges. We conclude accordingly that Fink’s responses were conditionally privileged, subject to his constitutional right against self-incrimination and our holding in Commonwealth v. Shrawder, 940 A.2d 436 (Pa. Super. 2007). Thus, the trial court erred in declaring Fink in violation of his parole for refusing to complete the questionnaire. Accordingly, we vacate the judgment of sentence imposed upon Fink’s parole violation and remand this matter for reinstatement of parole and probation.

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COMMONWEALTH OF PENNSYLVANIA v. A.R.

COMMONWEALTH OF PENNSYLVANIA v. A.R. No. 382 EDA 2009 2010 PA Super 4 Atlantic: n/a Filed: 1/15/2010
	Appeal from the Judgment of Sentence January 5, 2009, In the Court of Common Pleas of Chester County, Criminal Division at No. CP-15-CR-0002052-2006.
Before: PANELLA, POPOVICH, and COLVILLE, JJ.
Opinion by: POPOVICH, J.
Dissenting Opinion by: COLVILLE, J.
Appellant A.R. appeals the judgment of sentence entered on January 5, 2009, in the Court of Common Pleas of Chester County, following the revocation of his probationary sentence. On appeal, Appellant claims that the evidence was insufficient to support the trial court’s conclusion that Appellant violated his probation and that the trial court erred in admitting into evidence the results of a therapeutic polygraph examination as supportive evidence at Appellant’s violation of probation (VOP) hearing. Upon review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON No. 293 WDA 2008 2009 PA Super 36 Atlantic: 967 A.2d 1001 Filed: 2/26/2009
	Appeal from the Judgment of Sentence January 10, 2008, In the Court of Common Pleas of WASHINGTON County, CRIMINAL at No(s): CP-63-CR-0001735-2006
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FREEDBERG, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas for Washington County after a hearing in which Eric Richard Johnson (“Appellant”) was found to be in violation of his probation. We vacate the sentence and remand to the trial court for resentencing in accordance with the reasoning set forth below.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. RUSSELL WOODS

COMMONWEALTH OF PENNSYLVANIA v. RUSSELL WOODS No. 2711 eda 2007 2009 PA Super 19 Atlantic: 965 A.2d 1225 Filed: 2/4/2009
	Appeal from the Judgment of Sentence September 17, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0810251-2004
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following the revocation of Appellant’s probation. Appellant’s sole contention is that he was denied his right to a speedy violation of probation (VOP) hearing pursuant to Pennsylvania Rule of Criminal Procedure 708. We affirm.

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