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ANDREW TAYLOR v. COMMONWEALTH PENNSYLVANIA (07/19/78)

decided: July 19, 1978.

ANDREW TAYLOR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Andrew Taylor v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Andrew Taylor, petitioner, for himself.

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

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

Author: Crumlish

[ 36 Pa. Commw. Page 626]

We have before us the preliminary objections in the nature of a demurrer of the Pennsylvania Board of Probation and Parole (Board) to the petition for writ of mandamus, which we have treated as a petition for review.

The relevant facts are not in dispute. On December 17, 1959, Andrew Taylor (Petitioner) was convicted in Philadelphia County of aggravated robbery and assault with intent to kill. He was sentenced consecutively to eight to sixteen years for the robbery count and three and one-half to seven years for the assault count. Following his conviction, Petitioner was returned to New Jersey to complete a sentence which he had been serving there. On May 2, 1960, he completed the New Jersey sentence and was transferred to Pennsylvania's Eastern State Penitentiary to begin serving the sentence imposed on December 17, 1959. Upon his arrival at Eastern State, prison records officials aggregated Petitioner's two consecutive sentences to form one sentence of 11 1/2 to 23 years, i.e., they combined the two minimums and combined the two maximums. The officials recorded the effective date of that sentence as May 2, 1960, with minimum expiring November 2, 1971 and maximum expiring May 2, 1983. Petitioner was released on parole on February 14, 1972 having served 11 years, 9 months, 12 days.

On March 30, 1974, Petitioner was arrested on multiple charges, including robbery, rape and burglary; the Board filed a parole violation warrant three days later. Following a hearing, the Board ordered Petitioner detained pending disposition of the criminal charges.

[ 36 Pa. Commw. Page 627]

Petitioner was subsequently convicted and sentenced on June 6, 1975, to concurrent terms of 10 to 20 years for robbery and five to 10 years for criminal conspiracy. Following the convictions, Petitioner was afforded a Full Board Revocation Hearing, as a result of which he was recommitted to his 1959 sentence as a convicted parole violator; his backtime on that sentence was computed by the Board to be 11 years, two months, 18 days and his maximum modified to August 24, 1986. However, simultaneously with the recommitment, the Board reparoled Petitioner to begin serving the 1975 sentence,*fn1 for which the Board recorded an effective date of June 3, 1975,*fn2 a minimum expiration date of June 3, 1985 and maximum expiration date of June 3, 1995. Petitioner is currently serving that sentence.

Petitioner raises several issues with respect to the computation of his sentences. First, he alleges that his 1959 sentences should be deemed to have begun to run

[ 36 Pa. Commw. Page 628]

    from the date of their imposition, i.e., December 17, 1959, not from May 2, 1960, the date of his transfer from New Jersey to Pennsylvania, because, he alleges, the Pennsylvania sentences ran concurrently with the unexpired term of the New Jersey sentence. At the time of his sentencing, this question was ...


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