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MICHAEL JEZICK v. COMMONWEALTH PENNSYLVANIA (09/09/87)

decided: September 9, 1987.

MICHAEL JEZICK, 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 Michael Jezick, Parole No. 2914R.

COUNSEL

Ellen M. Kraft, 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.

Author: Palladino

[ 109 Pa. Commw. Page 227]

This is an appeal by Michael Jezick (Petitioner) from an order of the Board of Probation and Parole (Board) denying his request for administrative relief. We affirm.

Petitioner was paroled on July 15, 1983 from Lehigh County Prison after serving approximately five months of a one to three year sentence for receiving stolen property.*fn1 Petitioner was arrested on February 5, 1985 (exactly one week before his maximum sentence would have expired) on charges of robbery,*fn2 criminal attempt -- homicide,*fn3 and other related offenses.*fn4 He was held in lieu of bail in Northampton County Jail.

A preliminary hearing on the new charges was held on February 15, 1985 at which time a magistrate found that a prima facie case had been established against Petitioner. After the Petitioner's maximum sentence expired, the Board lifted its detainer that was placed on the parolee on February 6, 1985 and declared him delinquent

[ 109 Pa. Commw. Page 228]

    for control purposes. On March 10, 1986, Petitioner was convicted of the new charges and on March 21, 1986, he received notice that a parole revocation hearing would be held. On May 2, 1986, after the hearing, Petitioner was recommitted, when available, to Lehigh County Prison, as a convicted parole violator to serve the unexpired term of his first sentence.

His petition for administrative relief was denied and Petitioner appeals to this court*fn5 contending that his constitutional rights were violated because 1) he was "detained, . . . declared delinquent, and . . . continued in delinquent status for a period exceeding fourteen months without notice or [sic] hearing," 2) he was "incarcerated as a result of a parole violation for a period which reflects not only the time remaining on the parolee's sentence but also the time already served by the parolee while on the street under supervision of the Parole Board," and 3) he was "require[d] . . . to serve any time owed as a result of a parole violation at the expiration of any sentence currently being served, thus effectively precluding said parolee from participation in programs (e.g. work release) otherwise permissible under his current sentence." Brief for Petitioner at p. 3.

Petitioner's first contention is without merit. Initially, he admits that he actually received notice of the Board's detainer. Brief for Petitioner at p. 7. Additionally, the issuance of this detainer did not violate Petitioner's constitutional rights. When a ...


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