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EMERSON MCCAULEY v. COMMONWEALTH PENNSYLVANIA (06/06/86)

decided: June 6, 1986.

EMERSON MCCAULEY, 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 the case of Emerson McCauley, Parole No. 505-P, dated October 2, 1985.

COUNSEL

Frederick I. Huganir, Assistant Public Defender, for petitioner.

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

[ 98 Pa. Commw. Page 29]

This is an appeal by Emerson McCauley, Petitioner, who appeals here an order of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a Board parole revocation order. That revocation order revoked his parole and recommitted him to prison to serve eighteen months as a technical parole violator. We affirm.

The following facts are pertinent. McCauley was originally sentenced to a term of two and one-half to seven years following his conviction in Centre County Common Pleas Court for the offenses of Unauthorized

[ 98 Pa. Commw. Page 30]

Use of an Automobile,*fn1 Theft,*fn2 and Receiving Stolen Property.*fn3 That sentence carried a minimum term expiration date of January 3, 1982 and an original maximum term expiration date of July 10, 1986. The Board granted him parole on that sentence and he was released from the State Correctional Institution at Camp Hill (SCI-Camp Hill) on January 4, 1982. He was subsequently recommitted as a technical parole violator and he was re-paroled by the Board effective February 15, 1984 at which time he was again released from SCI-Camp Hill.

In April, 1985, after having no contact with McCauley for over a month, and learning that he had not been attending marriage counseling as required by a special condition of parole,*fn4 McCauley's parole agent recommended that he be declared delinquent and the Board took action to declare him delinquent on parole effective March 18, 1985. McCauley was arrested on May 13, 1985 and charged with violating conditions 2,*fn5

[ 98 Pa. Commw. Page 313]

A,*fn6 and 4*fn7 of his parole. A parole violation hearing was held at Centre County Prison on July 9, 1985 before a Board hearing examiner. On September 16, 1985, the Board ordered McCauley's parole revoked and ordered him recommitted as a technical parole violator to serve eighteen months on backtime for violating conditions 2, 3A, and 4 of his parole.*fn8 The Board also extended the maximum term expiration date of his Centre County sentence to September 5, 1986 to take into account the time he was delinquent on parole. He petitioned for administrative relief from that order pursuant to 37 Pa. Code ยง 71.5(h). The Board denied his administrative appeal on October 2, 1985 and this appeal followed.

In this appeal, McCauley contends that there is not substantial evidence to support the Board's finding that he violated conditions 2 and 3A of his parole. Of course, our scope of review of a Board parole revocation order is limited to determining whether necessary ...


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