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RONALD MACIK v. COMMONWEALTH PENNSYLVANIA (05/28/87)

decided: May 28, 1987.

RONALD MACIK, 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 Ronald Macik, Parole No. 9950-P, dated September 19, 1986.

COUNSEL

John H. Corbett, Jr., Chief-Appellate Division, with him, Lester G. Nauhaus, Public Defender, and Melaine S. Rothey, Appellate Counsel, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Doyle. Senior Judge Kalish dissents.

Author: Doyle

[ 106 Pa. Commw. Page 353]

Ronald Macik (Petitioner) has petitioned for review of an order of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief from an order of the Board that he serve sixteen months backtime as a technical parole violator. We vacate and remand.

Petitioner was paroled on July 11, 1985 from the State Correctional Institution at Huntingdon. He was placed on delinquent status from December 1, 1985. On February 20, 1986 Petitioner was arrested by an agent of the Board and charged with the following technical violations:

Condition 1 Leaving the district without

     permission;

Condition 2 Changing residence without

     permission;

Condition 3A Failing to report ...


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