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JAMES T. CUNNINGHAM v. COMMONWEALTH PENNSYLVANIA (12/11/78)

decided: December 11, 1978.

JAMES T. CUNNINGHAM, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, AND ROBERT P. KANE, ATTORNEY GENERAL, RESPONDENTS



Original jurisdiction in case of James T. Cunningham v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, and Robert P. Kane, Attorney General.

COUNSEL

James T. Cunningham, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.

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

Author: Craig

[ 39 Pa. Commw. Page 230]

A petition for review, filed by James T. Cunningham, petitioner, against the Pennsylvania Board of Probation and Parole (Board), seeks recomputation of the expiration date of the maximum term of one of his sentences in a state correctional institution.

The Board has filed preliminary objections in the nature of a demurrer.

This Court has ordered that the petition for review be treated as one addressed to our original jurisdiction and that the preliminary objections shall be submitted on briefs, which the parties have done.

Petitioner's averments, which we accept as correct for the sole purpose of this decision, state that in 1962 a judge of Philadelphia County sentenced petitioner, on a single occasion, to consecutive terms of five to ten years and four to eight years.*fn1

Petitioner acknowledges the applicability, at the time of the sentencing in 1962, of Section 1 of the Act of June 25, 1937, P.L. 2093, as amended, now suspended,*fn2 which provided:

Whenever, after the effective date of this Act, two or more sentences to run consecutively are

[ 39 Pa. Commw. Page 231]

    imposed by any court of this Commonwealth upon any person convicted of crime therein, there shall be deemed to be imposed upon such person a sentence the minimum of which shall be the total of the minimum limits of the several sentences so imposed, and the ...


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