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GARY R. BUNNER v. COMMONWEALTH PENNSYLVANIA (12/02/77)

decided: December 2, 1977.

GARY R. BUNNER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Gary R. Bunner v. Pennsylvania Board of Probation and Parole.

COUNSEL

Robert L. Johnson, for petitioner.

Robert A. Greevy, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

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

Author: Rogers

[ 32 Pa. Commw. Page 484]

Gary R. Bunner filed in this Court a petition for review of the action of the Pennsylvania Board of Probation and Parole revoking his parole. The Board filed an answer and New Matter and Bunner replied to the New Matter. Both parties filed motions for summary judgment which are now before us for disposition. We will grant the Board's motion.

On September 30, 1968, Bunner was sentenced in the Court of Common Pleas of Washington County to a term of imprisonment of from 5 years and 6 months to 12 years. The sentence had an effective

[ 32 Pa. Commw. Page 485]

    date of February 19, 1968 and a maximum termination date of February 19, 1979. Bunner was paroled on August 19, 1973 but was declared delinquent as of September 1, 1976 because he could not be located by the Board. On November 19, 1976, he was arrested by Washington County authorities on the technical parole violation charge of failing to notify the Board of a change in residence, as well as on other criminal charges which were subsequently dismissed. The Board conducted both a preliminary detention hearing and a violation hearing. At the latter hearing, Bunner, who was represented by counsel, admitted the technical parole violation charge. He adduced evidence and made arguments tending to show that his admitted violation was a minor matter not justifying the revocation of his parole. On January 6, 1977, the Board recommitted Bunner to his original sentence and by recalculation fixed the maximum termination date as May 7, 1979. The Board thus denied Bunner credit for the time on parole during which he could not be located. Bunner was notified of the Board's action by notice dated February 15, 1977 and by a second notice dated March 7, 1977, which two notices read, respectively, as follows:

The Board of Probation and Parole at the the 1-6-77 meeting rendered the following decision in your case: Recommit as a technical parole violator and review in November, 1977. Violation of Condition 2 established. Maximum for parole violation: 5-7-79.

At the violation hearing held 12-22-76, it was established by your admission, the testimony of your agent, and evidence introduced that you violated condition 2 of your parole.

The Board, upon consideration of your case, noting your disregard for your parole obligations, ordered, in ...


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