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RICHARD KRANTZ v. COMMONWEALTH PENNSYLVANIA (11/05/84)

decided: November 5, 1984.

RICHARD KRANTZ, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Order of the Pennsylvania Board of Probation and Parole in case of Richard Krantz v. Pennsylvania Board of Probation and Parole, dated January 17, 1984.

COUNSEL

Laurel Frankston Grass, with her, Robert N. Tarman, Supervising Attorney, for petitioner.

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

Judges Rogers, Williams, Jr. and Kalish, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 86 Pa. Commw. Page 39]

This is an appeal by Richard Krantz (Krantz) who petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a Board recommitment order. That recommitment order returns Krantz to prison as a technical and convicted violator to serve fifteen months backtime. We affirm.

The facts of this case are not in dispute and present the following scenario. In 1977, Krantz received a sentence of one to ten years following his conviction for the offense of Robbery.*fn1 That sentence initially carried a maximum term expiration date of June 2, 1987. In 1978, the Board granted Krantz parole and he was released from the State Correctional Institution at Camp Hill (SCI-Camp Hill).

In early 1980, Krantz's whereabouts became unknown to the Board who declared him delinquent effective February 22, 1980. Krantz was arrested on

[ 86 Pa. Commw. Page 40]

December 30, 1980 as a parole violator and confined solely on a Board warrant thereafter. After conducting a parole Violation Hearing, the Board concluded that there was not sufficient evidence to prove Krantz violated his parole and he was released on August 4, 1981.

In 1982, the Board again placed Krantz in delinquent status effective April 21, 1982 after his whereabouts became unknown. Krantz was arrested by authorities in the State of Florida on June 27, 1982 on theft charges. The Board forwarded its warrant and detainer to Florida authorities on June 29, 1982. Krantz was subsequently convicted of grand theft in Florida.

Following his return to Pennsylvania, Krantz was given a parole Violation and Revocation Hearing at SCI-Camp Hill on October 13, 1983. As a result of that hearing, the Board ordered Krantz recommitted as a technical parole violator to serve six months on backtime and as a convicted parole violator to serve nine months on backtime for a total of fifteen months backtime. The Board also extended the maximum term expiration date of Krantz's 1977 Robbery sentence to December 21, 1991.*fn2 ...


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