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TYRONE TERRELL v. FRED W. JACOBS (09/06/78)

decided: September 6, 1978.

TYRONE TERRELL, PETITIONER
v.
FRED W. JACOBS, CHAIRMAN OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE AND JULIUS T. CUYLER, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD AND ANTHONY J. SEPELA, RECORDS OFFICER FOR BUREAU OF CORRECTIONS OF THE STATE CORRECTIONAL INSTITUTION LOCATED AT GRATERFORD, PENNSYLVANIA, AND WILLIAM R. ROBINSON, COMMISSIONER OF PENNSYLVANIA BUREAU OF CORRECTIONS, RESPONDENTS



Original jurisdiction in case of Tyrone Terrell v. Fred W. Jacobs, Chairman of the Pennsylvania Board of Probation and Parole, and Julius T. Cuyler, Superintendent of the State Correctional Institution at Graterford, and Anthony J. Sepela, Records Officer for Bureau of Corrections of the State Correctional Institution at Graterford, Pennsylvania, and William R. Robinson, Commissioner of Pennsylvania Bureau of Corrections.

COUNSEL

Tyrone Terrell, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, and Gerald Gornish, Acting Attorney General, for respondents.

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

Author: Macphail

[ 37 Pa. Commw. Page 494]

Tyrone Terrell (Petitioner) has filed a Petition for Review alleging that the Pennsylvania Board of Probation and Parole (Board) failed to hold a "full

[ 37 Pa. Commw. Page 495]

Board" revocation hearing within a reasonable time, that the Board erred in considering him to be a convicted parole violator because he filed an appeal from the judgment of sentence on a new charge against him and that the Board erred in computing his back time. An answer was filed by the Board with new matter and a certificate of the Chairman of the Pennsylvania Board of Probation and Parole included. Petitioner filed a reply to the Board's new matter.

Subsequently, Petitioner filed a motion for summary judgment and the Board filed a cross motion for summary judgment. Pursuant to an order of this Court, the motions have been submitted on briefs. It appearing that the pleadings are closed and that there is no material fact at issue, the case will be disposed of pursuant to the provisions of Pa. R.C.P. No. 1035.

Factually, it appears from the pleadings that the Petitioner's original sentence at issue here was imposed on September 15, 1973, effective March 13, 1972. The Petitioner was sentenced on that date in Philadelphia County to a term of not less than 3 nor more than 15 years for the offense of aggravated robbery.*fn1 On October 25, 1973, the Petitioner was sentenced in Montgomery County to a flat term of 6 months for the offense of prison breach. That sentence was to follow completion of the sentences imposed in Philadelphia County.

On September 13, 1975, the Petitioner was released on parole. There were other intervening incidents relative to the Petitioner's parole record, but the most important occurrence was the Petitioner's arrest in Philadelphia on August 11, 1976, on charges of robbery, theft and other lesser crimes. A parole

[ 37 Pa. Commw. Page 496]

    violation warrant was filed by the Board against the Petitioner on August 17, 1976, charging him with technical parole violation, violations of conditions and new criminal charges. The Petitioner was afforded a preliminary/detention hearing as a result of which the Board ordered that the Petitioner be detained pending disposition of the ...


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