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TROY ANDREWS v. COMMONWEALTH PENNSYLVANIA (10/23/86)

decided: October 23, 1986.

TROY ANDREWS, 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 case of Troy Andrews, Parole No. 7627-H.

COUNSEL

David M. McGlaughlin, Ellis and Newman, P.C., 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

[ 101 Pa. Commw. Page 469]

This is an appeal by Troy Andrews who petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board). That Board order denied his administrative appeal and affirmed the Board's extension

[ 101 Pa. Commw. Page 470]

    of the maximum term expiration date of his original two to ten year sentence. We affirm.

The facts are not in dispute. Andrews was initially sentenced in Philadelphia County Common Pleas Court to a term of two to ten years as a result of his conviction of the offenses of Robbery*fn1 and Burglary.*fn2 The original maximum term expiration date of that sentence was August 6, 1981. The Board granted him parole effective August 6, 1973 at which time he was released from the State Correctional Institution at Graterford (SCI-Graterford). On December 16, 1974, Andrews was arrested on new criminal charges and subsequently convicted and returned to prison by the Board as a convicted parole violator. At that time, the Board extended his sentence's maximum term under the mandate of Section 21.1(a) of the Act of August 6, 1941 (Parole Act), P.L. 861, added by the Act of August 24, 1951, P.L. 1401, as amended, 61 P.S. § 331.21a(a), to December 28, 1982, thus denying him credit against that sentence for time he spent "at liberty" on parole. The Board reparoled him on this sentence effective June 24, 1976, at which time he was again released from SCI-Graterford.

On July 22, 1977, Andrews was arrested by Philadelphia Police and charged with Possession of a Controlled Substance.*fn3 He was subsequently convicted in Philadelphia Municipal Court and sentenced on March

[ 101 Pa. Commw. Page 4716]

, 1978 to five years probation. The Board, for reasons which Andrews disputes, did not charge him with being a convicted parole violator and on October 16, 1978, he absconded from parole supervision. The Board took administrative action to declare him delinquent as of that date. He was arrested on June 27, 1979, and the Board subsequently recommitted him as a technical parole violator. At that time, the Board also extended the maximum term of his original sentence to September 9, 1983, pursuant to Section 21.1(b) of the Parole Act, 61 P.S. § 331.21a(b),*fn4 to deny him credit against that sentence for the time he was in absconder status. The Board again reparoled him on this sentence effective July 15, 1980.

On March 12, 1981, Andrews was arrested by Philadelphia Police and charged with Involuntary Deviate Sexual Intercourse,*fn5 Simple Assault,*fn6 Indecent Assault,*fn7 Indecent Exposure,*fn8 and Possession of an Instrument of Crime.*fn9 He was subsequently convicted of those charges in Philadelphia Common Pleas Court and sentenced to a term of three to ten years. The Board provided him a parole Violation/Revocation Hearing and on April 13, 1983, the Board revoked his parole and recommitted him as a technical ...


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