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COMMONWEALTH EX REL. JONES v. BOARD PROBATION AND PAROLE (12/14/71)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 14, 1971.

COMMONWEALTH EX REL. JONES
v.
BOARD OF PROBATION AND PAROLE

Original jurisdiction.

COUNSEL

No appearance for plaintiff.

Salvatore J. Cucinotta, Deputy Attorney General, with him J. Shane Creamer, Attorney General, for defendant.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three.

Author: Per Curiam

[3 Pa. Commw. 594 Page 595]

Petitioner here raises the question of whether the Pennsylvania Board of Probation and Parole has the power to recommit a parolee who has breached the conditions of his parole by the commission of a crime of which he is subsequently found guilty without giving him credit for the time spent on parole and, if it has the statutory power, is such a recommitment without credit for time spent on parole violative of the provisions of the United States Constitution.

These legal issues were discussed and resolved by this Court in Williams v. Pennsylvania Board of Probation and Parole, 3 Pa. Commonwealth Ct. 633 (1971).

[3 Pa. Commw. 594 Page 596]

The conclusion is against the position of petitioner.

We therefore make the following

Order

The Board's motion for judgment on the pleadings is hereby granted and the plaintiff's complaint in mandamus is dismissed.

Disposition

Motion granted. Complaint dismissed.

19711214

© 1998 VersusLaw Inc.



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