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HAROLD X (SMITH) v. COMMONWEALTH PENNSYLVANIA (08/26/80)

decided: August 26, 1980.

HAROLD X (SMITH), PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE AND DEPARTMENT OF JUSTICE, BUREAU OF CORRECTIONS, RESPONDENTS



Original jurisdiction in case of Harold X. (Smith) v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole et al.

COUNSEL

Harold X. (Smith), for himself, petitioner.

Robert A. Greevy, Assistant Attorney General, with him Harvey Bartle, III, Acting Attorney General, for respondents.

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

Author: Craig

[ 53 Pa. Commw. Page 552]

Harold X (Smith), petitioner, has filed a petition for review in the nature of mandamus seeking to overturn the action of the Pennsylvania Board of Probation and Parole (board) in recommitting him as a convicted parole violator. The sole issue presented by the parties' cross-motions for summary judgment is the timeliness of petitioner's full revocation hearing.

While on parole from an earlier sentence, petitioner was arrested in Philadelphia on March 9, 1973 on

[ 53 Pa. Commw. Page 553]

    new criminal charges. Petitioner was convicted on the new charges on May 20, 1974, and was confined in the Philadelphia County Prison to await sentencing.

On January 15, 1975, petitioner was sentenced to two concurrent terms of 10 to 20 years. On January 24, 1975, he was received at the State Correctional Institution at Graterford.

A full parole revocation hearing was conducted on March 20, 1975, after which he was recommitted based on the new conviction.

Petitioner's full revocation hearing was indeed timely because 37 Pa. Code ยง 71.4(2)(i) provides pertinently that

[i]f the parolee is confined . . . in a county correctional institution where the parolee has not waived the full Board Revocation Hearing . . . the final Revocation Hearing shall be held within 120 days of the official verification of the ...


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