Appeal from the Order of the Pennsylvania Board of Probation and Parole in the case of Ralph Wagner, Parole No. 9266-P.
Scott E. Lash, 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 Judge Palladino.
[ 104 Pa. Commw. Page 404]
This is an appeal by petitioner, Ralph Edward Wagner, from a denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). For the reasons which follow, we reverse petitioner's recommitment as a technical parole violator.
Petitioner was paroled June 19, 1982, after serving six months of a six to forty-eight month sentence for receiving stolen property*fn1 and theft of services.*fn2 On August
[ 104 Pa. Commw. Page 40517]
, 1983, while at liberty on parole, petitioner was arrested and charged with three counts each of possession,*fn3 possession with intent to deliver,*fn4 and delivery of a schedule II controlled substance*fn5 (methamphetamine).
As a result thereof, the Board, on December 1, 1983, recommitted petitioner as a technical parole violator (tpv) to serve, when available, 12 months backtime for violation of general condition 5a*fn6 and 18 months backtime for violation of special condition 6.*fn7
Petitioner timely petitioned for administrative relief, which was denied. Petitioner then appealed to this Court which, by order dated October 2, 1985, vacated that portion of petitioner's recommitment as a tpv concerning his violation of special condition 6 and remanded for proceedings consistent with that opinion. Wagner v. Pennsylvania Board of Probation and Parole, 92 Pa. Commonwealth Ct. 132, 498 A.2d 1007 (1985).*fn8 After a
[ 104 Pa. Commw. Page 406]
January 9, 1986 rehearing, the Board, by order dated April 2, 1986, ...