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COM. v. BOYKIN

270 Pa.Super. 592 (1979)

411 A.2d 1244

COMMONWEALTH of Pennsylvania v. Jerome BOYKIN, Appellant.

Superior Court of Pennsylvania.

Filed October 12, 1979.

Reargument Denied January 17, 1980.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before VAN der VOORT, WIEAND and LIPEZ, JJ.

VAN der VOORT, Judge:

This case involves defendant's appeal from an order of the Common Pleas Court of Philadelphia County entered on April 17, 1978 revoking a parole on a sentence ordered by Judge Doty on October 23, 1975.

The defendant's appeal is based upon his claim that the revocation of his parole is invalid because it is contrary to the specific language of Rule 1409, Pa.R.Cr.P. which states:

Whenever a defendant has been placed on probation...

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