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FRANK ST. CLAIR v. COMMONWEALTH PENNSYLVANIA (05/30/85)

decided: May 30, 1985.

FRANK ST. CLAIR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in the case of Frank St. Clair v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Frank St. Clair, petitioner, for himself.

Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.

Judges Craig and Palladino and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 89 Pa. Commw. Page 562]

Frank St. Clair (Petitioner) filed a civil action in the nature of a request for mandamus against the Pennsylvania Board of Probation and Parole (Board) addressed to our original jurisdiction under Section 761 of the Judicial Code, 42 Pa. C.S. ยง 761. The essence of Petitioner's contention before us is that the Board erred in denying him time credit on the maximum term of his six to thirty-year Philadelphia County sentence when it returned him to prison as a convicted parole violator on September 19, 1983. Petitioner has filed a motion for summary judgment in his favor and the Board has cross-moved for summary judgment.

Petitioner was originally sentenced in Philadelphia County Common Pleas Court in 1971 to a combined term of six to thirty years as a result of his conviction for Aggravated Robbery*fn1 and Burglary.*fn2 That sentence had an effective date of December 1, 1970 and carried an initial maximum term expiration date of December 1, 2000. He was released on parole on this sentence from the State Correctional Institution at Graterford (SCI-Graterford) on January 25, 1978.

[ 89 Pa. Commw. Page 563]

Petitioner was incarcerated again on this sentence from January 3, 1979 as a result of technical parole violations and the Board granted him re-parole effective January 25, 1980. He was arrested by Philadelphia Police on November 13, 1980 on a bench warrant and charged with Resisting Arrest.*fn3 The Board lodged its warrant the following day. Petitioner was also free on bail from pending charges in Montgomery County. Petitioner was convicted on the Montgomery County charges on April 29, 1981 and sentenced to a term of one to two years on June 12, 1981. On September 18, 1981, the Board continued him on parole as to his six to thirty-year Philadelphia County sentence but he remained incarcerated at SCI-Graterford to serve the minimum term of his Montgomery County sentence. He was paroled on the Montgomery County sentence effective August 26, 1982. He was arrested on October 28, 1982 by Philadelphia Police on new charges and the Board lodged its warrant the following day. On January 24, 1983, petitioner was convicted in Philadelphia County Common Pleas Court of Defiant Trespass,*fn4 Possession of an Instrument of Crime,*fn5 Burglary, Theft by Unlawful Taking*fn6 and Criminal Trespass.*fn7 On June 21, 1983, he was sentenced to a term of one and one-half to three years on the new convictions. On September 19, 1983, after conducting the required hearings, the Board ordered petitioner recommitted to prison as a convicted parole violator to serve twelve months backtime and extended his maximum term expiration date as required by Section

[ 89 Pa. Commw. Page 56421]

.1(a) of the Parole Act*fn8 to June 18, 2004.*fn9 It is the Board's computation of this extended maximum term that petitioner challenges.

Proper Basis for Jurisdiction

Prior to addressing the merits of the summary judgment motions now before us, we must first examine the proper basis for invoking this Court's jurisdiction. While neither party has raised jurisdictional issues in their motions, this Court may always ...


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