Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Ronald Coleman, Parole No. 0824M, dated March 10, 1986.
Craig P. Miller, for petitioner.
Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge MacPhail.
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Ronald Coleman (Petitioner) has filed a petition for review of the March 10, 1986 denial of his request for
[ 101 Pa. Commw. Page 145]
administrative relief by the Pennsylvania Board of Probation and Parole (Board). The Board found Petitioner in violation of five general conditions of parole and ordered him recommitted to the Clinton County Prison, when available, to serve eighteen months backtime.
The record establishes that Petitioner was serving a nine-to-sixty-month sentence*fn1 in Clinton County when he was paroled on February 24, 1984 at the expiration of his minimum term. On October 1, 1985, Petitioner was arrested on charges of receiving stolen property and multiple technical parole violations. Following a parole violation hearing, the Board concluded that Petitioner had violated the following parole conditions: No. 1 (traveling outside the Williamsport parole district without permission); No. 2 (changing residence without permission); No. 3a (failure to follow parole agent's instructions); No. 4 (failure to comply with the laws of the Commonwealth); and, No. 5a (possession of illegal drugs/narcotics). The Board's order that Petitioner serve eighteen months backtime was in accord with the appropriate presumptive range for multiple violations. See 37 Pa. Code §§ 75.3(e) and 75.4.
In his appeal to this Court, Petitioner does not contest the Board's finding that he violated Condition No. 4.*fn2 Moreover, the Board concedes that the violation of
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Condition No. 5a should be deleted from the Board's order.*fn3 Thus, Conditions No. 1, 2 and 3a are the only violations at issue in the instant appeal.
With regard to Condition No. 1 (traveling without permission), the hearing record indicates that petitioner admitted, during an interview with his parole district supervisor on October 2, 1985, that he had failed to return to Clinton County from a trip to Alabama until September 26, 1985 despite the fact that his approved travel permit expired on August 18, 1985. Although Petitioner denied telling the district supervisor the date on which he returned to Pennsylvania, it is clear that credibility decisions and the resolution of conflicting testimony are matters for the fact-finder, here the Board, to determine. Chapman v. Pennsylvania Board of ...