Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Harry Davis, Parole No. 7141-G, dated August 22, 1984.
Harry Davis, petitioner, for himself.
Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
President Judge Crumlish, Jr., Judge Rogers, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Rogers. Judge Barry did not Participate in the decision in this case.
[ 91 Pa. Commw. Page 514]
Harry Davis has filed a petition for review of the action of the Pennsylvania Board of Probation and Parole (Board) taken August 22, 1984 denying him administrative relief in the form of his discharge from custody and monetary damages for his alleged unlawful incarceration.
Mr. Davis was convicted of aggravated robbery in the Court of Common Pleas of Philadelphia County and, on October 31, 1967 he was sentenced to a term of three to fifteen years. He was admitted to parole on November 8, 1972.
Mr. Davis was convicted of aggravated assault in the Court of Common Pleas of Philadelphia and, on June 10, 1974 was sentenced to a term of one to three years to be served at the expiration of his original sentence. He was recommitted as a convicted parole violator effective June 10, 1974.
On June 11, 1976, the Board again paroled Mr. Davis on his original sentence and reentered him to serve the second sentence for one to three years.
The Board's records show that Mr. Davis was released on parole from the one to three year sentence on January 5, 1977.
In April, 1978 Mr. Davis applied to leave Pennsylvania to live with his wife in Jamaica, New York, agreeing to comply with the conditions of his parole and to return to Pennsylvania when requested by the Board. He also waived extradition. The Board granted this application on August 11, 1978.
On August 11, 1981, Mr. Davis was arrested in New York City. On July 1, 1982 he was convicted in Queens County, New ...