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WILLIAM RAZDERK v. COMMONWEALTH PENNSYLVANIA (08/05/83)

decided: August 5, 1983.

WILLIAM RAZDERK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal in the case of William Razderk v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, dated July 20, 1982.

COUNSEL

Carol F. Munson, Assistant Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 76 Pa. Commw. Page 177]

Cross motions for summary relief*fn1 are now before us for disposition following Petitioner's*fn2 appeal from the Board of Probation and Parole's (Board) denial of administrative relief.

Petitioner was recommitted by the Board as a technical parole violator following a hearing before an examiner designated by the Board. 37 Pa. Code ยง 71.2 (18). The Board's action was as follows:

Recommit as a technical parole violator to serve 6 months for each special condition, for a total of 18 months on backtime. Evidence Relied On: Letter from the treatment counselor. Affidavit from Mr. Striefsky. Testimony that you admitted at your Preliminary Hearing to not attending counseling and to associateing [sic] with James Atkinson. Testimony that you admitted to consuming beer. The presumptive range for violation of Condition #6 is 3 to 18 months. Reasons: Multiple Technical violations established. Overall parole performance is considered poor.

Reparole 8-12-83 to an approved plan.

Also subject to any conditions that may be imposed. . . .

Max. date for parole violation: [6-21-84]

After Petitioner filed his petition for review with this Court, his appointed counsel properly filed a motion to compel the Board to file a complete record which would enable us to perform appropriate ...


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