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COMMONWEALTH EX REL. HESTER v. BOARD PROBATION AND PAROLE (03/16/71)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 16, 1971.

COMMONWEALTH EX REL. HESTER
v.
BOARD OF PROBATION AND PAROLE, ET AL.

Original jurisdiction.

COUNSEL

C. Robert McCall, Voluntary Defender, for petitioner.

Salvatore Cucinotta, Deputy Attorney General, with him Leonard Packel, Deputy Attorney General, and J. Shane Creamer, Attorney General, for respondents.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers.

Author: Per Curiam

[4 Pa. Commw. 668 Page 669]

Petitioner, James E. Hester, challenges the constitutional and statutory power of the Pennsylvania Board of Probation and Parole to require him to serve in custody that portion of time remaining on his original Court imposed sentence when he was first paroled upon his proper recommitment as a convicted parole violator for a crime committed while on such parole. Respondent filed a motion for judgment on the pleadings asserting petitioner's failure as a matter of law to state a claim upon which relief can be granted.

We grant respondents' motion for judgment on the pleadings because we have specifically ruled previously

[4 Pa. Commw. 668 Page 670]

    as a matter of law that petitioner's legal argument is without merit. Commonwealth ex rel. Hall v. Board of Probation and Parole, Commonwealth ex rel. Blair v. Board of Probation and Parole, 3 Pa. Commonwealth Ct. 435 (1971); see also Commonwealth ex rel. Rambeau v. Board of Probation and Parole, et al., 4 Pa. Commonwealth Ct. 152 (1972); Williams v. Board of Probation and Parole, 3 Pa. Commonwealth Ct. 633 (1971). Petitioner's complaint is therefore dismissed.

Disposition

Motion granted. Complaint dismissed.

19710316

© 1998 VersusLaw Inc.



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