Appeal, No. 44, May T., 1963, from order of Court of Common Pleas of Dauphin County, No. 524 Commonwealth Docket, 1962, in case of Commonwealth ex rel. Fred Goins v. A. T. Rundle, Superintendent. Order affirmed.
Fred Goins, appellant, in propria persona.
Frank P. Lawley, Jr., Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE ROBERTS
This is an appeal from an order of the Court of Common Pleas of Dauphin County which sustained the preliminary objections of the Commonwealth and dismissed appellant's petition for mandamus.
Appellant was originally tried and sentenced in Allegheny County on May 15, 1947, to nine consecutive terms of imprisonment from one to two years for burglary and receiving stolen goods. The minimum total of these sentences would have expired March 15, 1956, and the maximum March 15, 1965. He escaped from the Allegheny County Workhouse on September 5, 1947. While an escapee, appellant committed robbery and was sentenced on two charges to terms of 5 to 10 years in the State Correctional Institution at Pittsburgh, to run consecutively at the expiration of the prior total sentence of 9 to 18 years. Appellant
was also sentenced to a term of one to two years for prison breach.
In July, 1949, appellant escaped again. During the period of his freedom, he committed robbery in Ohio where he was sentenced to imprisonment from one to 25 years. In March, 1953, Ohio authorities returned him to Pennsylvania where he was tried for prison breach (committed in 1949) and sentenced to a term of 3 to 6 years in the State Correctional Institution. Appellant was committed immediately to the Correctional Institution, and the Allegheny County Workhouse shortly thereafter requested that he serve the balance of the total sentence of 9 to 18 years in the former institution. That request was granted. After the transfer, the expiration dates of the original 9 to 18 years were corrected by taking into account the time appellant was an escapee, with the minimum expiring February 28, 1962, and the maximum on February 28, 1969.*fn1 Likewise, the dates of all other subsequent sentences, including a sentence of 5 to 10 years for assaulting another prisoner, imposed in May, 1960, have been adjusted accordingly.
Shortly prior to the expiration date of the recomputed minimum sentence in February, 1962, appellant was given an application for parole, which he destroyed after asserting that he did not want to prejudice his rights by completing the form. In September, 1962, he filed a "Petition for Writ of Mandamus" in the Court of Common Pleas of Dauphin County, in which he sought immediate release from the nine consecutive sentences of one to two years, or, at least, a recomputation of his sentences. The ...