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GERALD FLEEGLE v. COMMONWEALTH PENNSYLVANIA (10/09/87)

decided: October 9, 1987.

GERALD FLEEGLE, 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 Gerald Fleegle, Parole No. 4217-P.

COUNSEL

Frederick I. Huganir, Assistant Public Defender, 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.

Author: Doyle

[ 110 Pa. Commw. Page 228]

Gerald Fleegle (Petitioner) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) which denied his request for recomputation of his backtime. We vacate and remand for further proceedings.

[ 110 Pa. Commw. Page 229]

The facts are not in dispute. Petitioner was sentenced on July 12, 1982 to two, two-to-five year terms, for burglary. He was paroled from State Correctional Institution (SCI)-Rockview on March 22, 1985. Petitioner was subsequently arrested on December 4, 1985 and charged with driving under the influence of alcohol (DUI).*fn1 He was incarcerated in the Centre County Prison pending trial on this charge. He was never able to post bail. The Board filed its detainer the next day. On June 19, 1986 the Court of Common Pleas of Centre County sentenced the Petitioner in relevant part as follows:

3. Undergo imprisonment in the Centre County Prison for a period of not less than Thirty (30) Days, nor more than Twelve (12) Months. Credit shall be given for time served from December 4, 1985 until January 2, 1986.

You are paroled from this sentence effective January 2, 1986.

Petitioner remained in the Centre County Prison until he was transferred to SCI-Camp Hill on July 7, 1986.

On October 10, 1986 the Board reaffirmed a prior decision to recommit Petitioner as a technical parole violator to serve nine months backtime, and imposed three additional months of backtime upon Petitioner for his new conviction. The Board's decision set a re-parole date of June 19, 1987 and a new maximum backtime date of October 9, ...


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