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COMMONWEALTH EX REL. JESSE PUGH v. ALFRED T. RUNDLE (12/12/75)

decided: December 12, 1975.

COMMONWEALTH EX REL. JESSE PUGH, PETITIONER
v.
ALFRED T. RUNDLE, SUPERINTENDENT OF GATERFORD AND PAUL J. GERNER, CHAIRMAN OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENTS



Original jurisdiction in case of Commonwealth ex rel. Jesse Pugh v. Alfred T. Rundle, Superintendent of Gaterford and Paul J. Gerner, Chairman of the Pennsylvania Board of Probation and Parole.

COUNSEL

Robert A. Greevy, Assistant Attorney General, with him J. Andrew Smyser, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondents.

Jesse Pugh, petitioner, for himself.

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

Author: Bowman

[ 22 Pa. Commw. Page 353]

A single legal issue emerges from sundry pro se "pleadings" filed by petitioner in this case and from the Commonwealth's responses thereto. Petitioner asserts that he was denied his Tinson*fn1 rights at a January 23, 1969, recommitment hearing conducted by the Pennsylvania Board of Probation and Parole (Board), in which

[ 22 Pa. Commw. Page 354]

    petitioner was found to be a technical parole violator. The Commonwealth responds that petitioner's "pleadings" as stated have been mooted for the reason that he was subsequently reparoled.

The undisputed facts disclose the history and events leading to this litigation and those which followed.

After pleading guilty to a charge of aggravated robbery, petitioner was sentenced to a term of three to fifteen years, effective May 23, 1956, with a minimum expiration date of May 23, 1959, and a maximum expiration date of May 23, 1971. (No. 1477 May Term, 1956, O. & T. Phila. County.)

After release on parole by the Board on August 23, 1959, petitioner was arrested and convicted on a Federal charge of bank robbery. He was sentenced to Federal prison for a term of three years and became available to the Board on October 2, 1964.

On October 29, 1964, petitioner was interviewed by the Board and subsequently recommitted as a convicted parole violator. Petitioner's maximum sentence was recomputed to expire on December 12, 1975. This was the only instance in which petitioner's maximum term was recomputed.

Petitioner was again released on parole August 23, 1967, and on September 13, 1968, was arrested and charged with armed robbery, which charges ...


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