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ALBERT C. WILSON v. COMMONWEALTH PENNSYLVANIA (04/12/85)

decided: April 12, 1985.

ALBERT C. WILSON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BUREAU OF CORRECTIONS ET AL., RESPONDENTS



Original jurisdiction in case of Albert C. Wilson v. Pennsylvania Bureau of Corrections et al.

COUNSEL

Albert C. Wilson, petitioner, for himself.

Francis R. Filipi, Deputy Attorney General, with him, Allen C. Warshaw, Senior Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

President Judge Crumlish, Judge Colins and Senior Judge Blatt, sitting as a panel of three. Memorandum Opinion by President Judge Crumlish, Jr. Judge Williams, Jr., did not participate in the decision in this case.

Author: Crumlish

[ 89 Pa. Commw. Page 223]

Albert C. Wilson, proceeding pro se in our original jurisdiction,*fn1 challenges the aggregation of his two consecutive sentences by the Pennsylvania Bureau of Corrections (Bureau). This Court ordered that Wilson's petition for a preliminary and/or permanent injunction and/or writ of mandamus be treated as a motion for judgment on the pleadings. We enter judgment on the pleadings in favor of the Bureau.*fn2

On January 6, 1978, Wilson was sentenced to serve two consecutive terms by the Philadelphia County Common Pleas Court. The first sentence was for five to ten years, and the second was for ten to twenty years. Upon the expiration of the five-year minimum term for the first sentence, Wilson requested consideration for parole. He was informed that the two sentences had been aggregated into one fifteen- to

[ 89 Pa. Commw. Page 224]

    thirty-year sentence by the Bureau's institutional records office, thus precluding parole until he had served the aggregated minimum term.

After unsuccessfully pursuing his formal complaint through the proper channels with the Bureau, Wilson filed a petition for review with this Court.

Wilson's major contention is that the Bureau improperly aggregated his sentences.*fn3

In Blackwell v. Pennsylvania Board of Probation and Parole, 36 Pa. Commonwealth Ct. 31, 387 A.2d 506 (1978), this Court interpreted the statutory language which controls this case.*fn4 In line with our holding in Blackwell, the Judge who sentenced Wilson "should have 'indicated' an effective ...


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