Original jurisdiction in case of George Jones v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.
George Jones, petitioner, for himself.
Robert A. Greevy, Assistant Attorney General, with him Edward J. Biester, 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 Craig.
[ 44 Pa. Commw. Page 611]
Petitioner George Jones' Petition for Review against the Pennsylvania Board of Probation and Parole (Board) is before us for consideration of the cross-motions for summary judgment filed by both petitioner and the Board.
[ 44 Pa. Commw. Page 612]
An Allegheny County judge sentenced petitioner, in 1973, to a term ultimately set at 2 1/2 to 5 years, effective January 27, 1974, with a maximum expiration date being January 27, 1979.
On July 27, 1976, the expiration date of the minimum sentence, petitioner was actually released on parole from the State Correctional Institution at Pittsburgh.
On January 6, 1977, while on parole, petitioner was arrested upon new charges of armed robbery and other offenses and incarcerated in the Allegheny County Jail. On the next day, January 7, the Board lodged a parole violation warrant against petitioner at that jail. Petitioner, according to his averment, satisfied bail as to the new charges but remained in custody under the Board warrant.
After an October, 1977 trial in Allegheny County, petitioner was sentenced December 15, 1977 to three consecutive terms of 10 to 20 years on three counts of armed robbery and to various concurrent terms for other offenses.
On December 22, 1977, petitioner was transferred from the Allegheny County Jail and entered into the State Correctional Institution at Pittsburgh under the newly-imposed sentence. On February 2, 1978, petitioner was transferred to the State Correctional Institution at Graterford and there entered as a parole violator under his original sentence.
During the period between February 2, 1978 and April, 1978, the Board three times scheduled petitioner for a final parole violation hearing, and each time the scheduled hearing was postponed because of the transfer of petitioner from ...