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SPENCER R. DOBSON v. COMMONWEALTH PENNSYLVANIA (03/02/79)

decided: March 2, 1979.

SPENCER R. DOBSON, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Spencer R. Dobson, Jr. v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Spencer R. Dobson, Jr., petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him J. Justin Blewitt, Jr., Acting Attorney General, for respondent.

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

Author: Crumlish

[ 41 Pa. Commw. Page 28]

Spencer R. Dobson, Jr. (Petitioner) has filed a petition for writ of mandamus, treated as a petition for review, alleging that the Pennsylvania Board of Probation and Parole (Board) conducted his final revocation hearing outside jurisdiction of the Bureau of Correction and failed to hold that hearing within a reasonable time. Motions for summary judgment were filed by both parties and are presently before this Court.

The facts indicate:

1. Petitioner was originally sentenced April 2, 1971 to a term of 3 1/2 to 7 years with an effective date of January 9, 1971. The minimum expiration date was July 9, 1974 and the maximum expiration date was January 9, 1978.

2. Petitioner was paroled October 9, 1974 and declared delinquent May 24, 1976.

3. Petitioner was rearrested January 19, 1977 on a variety of charges, lodged in the Philadelphia Detention Center, and subjected to Board warrant.

[ 41 Pa. Commw. Page 294]

. Petitioner was afforded a preliminary detention hearing February 1, 1977 and requested a Full Board hearing.

5. Board action March 10, 1977 was to detain pending disposition of criminal charges and return as a technical ...


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