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RONALD KRAMER v. COMMONWEALTH PENNSYLVANIA (02/27/87)

decided: February 27, 1987.

RONALD KRAMER, 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 Ronald Kramer, Parole No. 9747M.

COUNSEL

Ronald Kramer, 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 Craig.

Author: Craig

[ 104 Pa. Commw. Page 236]

Ronald Kramer appeals from an order of the Pennsylvania Board of Probation and Parole modifying an earlier order which recommitted him to a correctional institution to serve the remainder of his unexpired sentence.

The board released Mr. Kramer on parole from the State Correctional Institution at Graterford on September 19, 1983. According to the board's notice of charges and parole hearing, the Bucks County Court of Common Pleas later convicted Mr. Kramer of robbery, theft, driving under the influence of alcohol, assault, escape and other crimes. The board, on December 21, 1984, ordered that Mr. Kramer be recommitted for the duration of his original unexpired sentence (sixty-nine months and eleven days). The board attributed thirty months of recommitment to technical violations*fn1 and, with respect to the new convictions, imposed backtime as "UNEXPIRED TERM FOR MULTIPLE OFFENSES."

Consistent with our state Supreme Court's ruling in Rivenbark v. Pennsylvania Board of Probation and Parole,

[ 104 Pa. Commw. Page 237509]

Pa. 248, 501 A.2d 1110 (1985), the board modified its December, 1984 order to delete two of the technical violations (possession of a weapon and assaultive behavior) because the acts constituting these violations were coterminous with the acts constituting Mr. Kramer's convictions. See Threats v. Pennsylvania Board of Probation and Parole, 102 Pa. Commonwealth Ct. 315, 518 A.2d 327 (1986).

Mr. Kramer first contends that his technical violation of special condition No. 6, which prohibits him from consuming alcoholic beverages, should also be purged from the December, 1984 order because that technical violation duplicates his conviction for driving under the influence of alcohol under Rivenbark. This court has considered this argument and has rejected it. Nicastro v. Pennsylvania Board of Probation and Parole, 102 Pa. Commonwealth Ct. 569, 518 A.2d 1320 (1986); Keough v. Pennsylvania Board of Probation and Parole, 95 Pa. Commonwealth Ct. 252, 505 A.2d 378 (1986).

Mr. Kramer next contends that, because the board deleted two of the technical violations from the December, 1984 order, his total backtime should have been reduced by the backtime attributed to those technical violations -- twelve months. The board argues that it did eliminate the twelve months attributed to those technical violations, but that his "UNEXPIRED TERM" backtime was independently ...


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