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MELVIN GREGORY v. COMMONWEALTH PENNSYLVANIA (09/11/87)

decided: September 11, 1987.

MELVIN GREGORY, 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 Melvin Gregory, Parole No. 3653-M.

COUNSEL

Veronica R. Anzalone, First Assistant Public Defender, 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 295]

Melvin Gregory (Petitioner) appeals a decision of the Pennsylvania Board of Probation and Parole (Board) which denied him administrative relief from a previous Board order recommitting him to 36 months backtime. For the reasons set forth below, we affirm.

Petitioner was released on parole on June 6, 1982 after having served five years of a 5-10 year sentence for rape and attempted rape. In addition to being subject to general conditions of parole, Petitioner was released upon the special conditions that he must maintain employment (special condition 6a) and that he must not associate with juvenile females (special condition 6b). Subsequently Petitioner was arrested and on May 13, 1986, Petitioner pleaded guilty to a charge of harassment, a summary offense. On June 17, 1986, the Board held a parole violation hearing for the purpose of determining whether Petitioner should be recommitted as a technical parole violator.

On July 7, 1986, the Board issued its decision finding Petitioner in violation of conditions 2, 4, 6a and 6b of his parole. The Board ordered 18 months recommitment for condition 2 and 4 violations and 18 additional months for condition 6a and 6b violations. Petitioner's request for administrative relief was denied, and this appeal followed.

[ 109 Pa. Commw. Page 296]

Petitioner contends that the Board failed to meet its burden of proof in finding that he violated conditions 2 and 6b.*fn1 Petitioner's contention raises an issue regarding this court's scope of review for Board determinations that we need address before reaching the merits of his appeal.

This court's scope of review for appeals from Commonwealth agencies*fn2 is governed by Section 704 of the Administrative Agency Law, 2 Pa. C.S. ยง 704 which states in relevant part:

[T]he court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter A of Chapter 5 (relating to practice and procedure of Commonwealth agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence. (Emphasis added.)

Resolutions of factual issues are purely within the province of the administrative agency, and as long as the agency's factual findings are supported by substantial evidence, this court will not engage in supererogation and ...


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