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MARK TIMOTHY WINTERS v. COMMONWEALTH PENNSYLVANIA (12/10/86)

decided: December 10, 1986.

MARK TIMOTHY WINTERS, 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 Mark Timothy Winters, Parole No. 1642-J, dated February 7, 1986.

COUNSEL

Mark Timothy Winters, 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 Judge Palladino.

Author: Palladino

[ 102 Pa. Commw. Page 404]

This is an appeal by Mark Timothy Winters (Petitioner) from a denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). For the reasons which follow, we affirm.

[ 102 Pa. Commw. Page 405]

The long and storied history of Petitioner's travails has been set out in detail and with great precision in the able opinion of Judge MacPhail; Winters v. Pennsylvania Board of Probation and Parole, 94 Pa. Commonwealth Ct. 236, 503 A.2d 488 (1986) (Winters I). We will not duplicate Judge MacPhail's recital.

The following additional facts are necessary for our consideration herein:

1) Prior to the date Judge MacPhail filed Winters I but after it had been submitted to this Court for consideration, the Board, by order dated October 24, 1985, shifted one month of backtime from Department of Corrections No. F-7628 to Department of Corrections No. F-6649 when it discovered that Petitioner was entitled to an additional one-month credit on No. F-7628.

2) The Board submitted a certified record to this Court on April 22, 1986 which, Petitioner alleges, contains falsified documents.

3) Pursuant to the October 24, 1985 order of the Board, Petitioner filed a timely request for administrative relief. Administrative relief was denied by the Board on February 7, 1986, from which Petitioner timely appealed to this Court.

On appeal, Petitioner makes the following contentions: 1) The Board erred in recommitting Petitioner as both a technical parole violator (TPV) and a criminal parole violator (CPV) for violations stemming from the same incident; 2) The Board erred in computing commitment credit for his new sentences; 3) The Board erred in shifting one month of backtime to a different recommitment sentence while Winters I was pending with this Court; ...


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