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COMMONWEALTH PENNSYLVANIA v. WELDON WALTER FELLS (12/16/86)

SUPREME COURT OF PENNSYLVANIA


decided: December 16, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
WELDON WALTER FELLS, APPELLEE

Appeal from Order of Superior Court of Pennsylvania at No. 1057 Pittsburgh, 1983, Entered April 19, 1985, Vacating the Order of the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC 7304303 Entered on June 23, 1983; 344 Pa. Superior Ct. 621, 495 A.2d 611 (1985).

COUNSEL

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Kenneth J. Benson, Asst. Dist. Atty., Pittsburgh, for appellant.

John A. Halley, (court-appointed), Pittsburgh, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.

Author: Per Curiam

[ 513 Pa. Page 20]

ORDER

In this case appellee attempts to attack the Parole Board's revocation of his parole through a Post Conviction Hearing Act petition filed in Allegheny County Common Pleas, the sentencing court. That court lacks jurisdiction over appeals from parole revocation, 61 P.S. ยง 331.17,*fn1 and a Post Conviction Hearing Act proceeding is not an appropriate remedy for such matters. A parole revocation is neither a conviction nor a sentence, but an administrative proceeding. Bronson v. Commonwealth Board of Probation and Parole, 491 Pa. 549, 556-58, 421 A.2d 1021, 1024-25 (1980), cert. denied, 450 U.S. 1085, 101 S.Ct. 1771, 68 L.Ed.2d 247 (1981). Parole questions are in the appellate jurisdiction of Commonwealth Court. Id.

The order of Superior Court is reversed and the order of the Allegheny County Court of Common Pleas dismissing appellee's Post Conviction Hearing Act petition is reinstated.


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