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ALEXANDER ADAMS v. COMMONWEALTH PENNSYLVANIA (01/04/79)

decided: January 4, 1979.

ALEXANDER ADAMS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Alexander Adams v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Alexander Adams, 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 Rogers.

Author: Rogers

[ 39 Pa. Commw. Page 525]

Alexander Adams has filed a petition for review challenging the decision of the Pennsylvania Board of Probation and Parole to recommit him as a convicted

[ 39 Pa. Commw. Page 526]

    parole violator. The parties have filed cross-motions for summary judgment and the issues have been submitted on briefs.

On November 25, 1969, Adams was sentenced to a prison term of two and one-half to seven years.*fn1 He was paroled on January 28, 1973 after he had served two and one-half years of his sentence. In October, 1973, Adams was arrested on new criminal charges for which he was sentenced to a term in county prison of three to twenty-three months in December, 1973. After serving twenty-three months in the county prison, Adams was recommitted to the state prison as a convicted parole violator. His "backtime"*fn2 of four and one-half years was reduced by three months and 10 days, the amount of time Adams had been confined under a Board detainer, and the maximum expiration date of his original sentence was recomputed and set at November 28, 1978.

On May 13, 1977, Adams was reparoled. He was arrested by Philadelphia authorities on July 15, 1977 on charges of sale of narcotics and was released on bail. On November 5, 1977, the Board declared Adams delinquent as of October 26, 1977 when his whereabouts became unknown to the Board.

On February 28, 1978, Adams was arrested by the Philadelphia authorities on charges of possession of a controlled substance and criminal conspiracy. A parole violation warrant charging Adams with a technical parole violation was lodged by the Board on March 16, 1978 which was four months and twenty days after the declaration of delinquency. This period was added to Adams' recomputed maximum expiration

[ 39 Pa. Commw. Page 527]

    date of November 28, 1978 to yield a new maximum expiration ...


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