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ALAN J. NOVITSKI v. COMMONWEALTH PENNSYLVANIA (09/09/87)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 9, 1987.

ALAN J. NOVITSKI, 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 Alan J. Novitski, Parole No. 3810P.

COUNSEL

Robert B. Stewart, III, Chief Public Defender of Huntingdon County, for petitioner.

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

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 109 Pa. Commw. Page 223]

Alan J. Novitski (petitioner) petitions for review of the April 1, 1986 letter of the Secretary of the Pennsylvania Board of Probation and Parole (Board) which, in

[ 109 Pa. Commw. Page 224]

    effect, denied the petitioner's request for administrative relief from the Board's September 13, 1983 recommitment order.

While on parole, the petitioner was arrested in September 1982 on charges of receiving stolen property and was incarcerated in the Cumberland County Prison (county prison). In November 1982, he escaped from the county prison and was rearrested in May 1983 in Luzerne County. Thereafter, the Board charged him with technical violations of General Conditions of Parole Nos. 1*fn1 and 2.*fn2 In its September 13, 1983 order, the Board recommitted the petitioner to serve eighteen months backtime for these technical violations.

Subsequently, the petitioner pled guilty to criminal escape charges and the Board, on administrative review, reaffirmed its September 13, 1983 technical violation recommitment order and added six months backtime as a convicted parole violator due to the escape conviction.

The petitioner's brief, however, addresses only his prior recommitment, under a Board order, dated May 21, 1984, and the Board's January 23, 1986 order, which modified that recommitment by deleting any reference to a technical parole violation of General Condition No. 5B (refrain from owning or possessing firearms or other weapons).*fn3 The petitioner here urges that, pursuant to

[ 109 Pa. Commw. Page 225]

Order

And Now, this 9th day of September, 1987, the denial of administrative relief, dated April 1, 1986, by the Pennsylvania Board of Probation and Parole in the above-captioned matter is affirmed.

Disposition

Affirmed.


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