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JOHN SHERRELL v. COMMONWEALTH PENNSYLVANIA (11/20/87)

decided: November 20, 1987.

JOHN SHERRELL, 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 John Sherrell, Parole No. 8316-P, dated August 25, 1986.

COUNSEL

Henry B. Furio, Assistant Public Defender, for petitioner.

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

Judges MacPhail and Barry, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 111 Pa. Commw. Page 210]

In Sherrell v. Pennsylvania Board of Probation and Parole, 108 Pa. Commonwealth Ct. 455, 529 A.2d 1178 (1987), we remanded to the Board of Probation and Parole (Board) for a new adjudication. While we were able to determine that two of petitioner Sherrell's allegations of error were meritless, we were unable to review the

[ 111 Pa. Commw. Page 211]

    allegation that the Board had incorrectly computed petitioner's new maximum expiration date, thereby necessitating the remand. We retained jurisdiction and the Board has issued a new adjudication which now allows our review.

Petitioner's argument concerning the computation of the new maximum date, while less than clear, can be broken down into two parts. He first argues that the Board had no authority to extend the maximum date; even if such authority exists, petitioner believes the actual computation was incorrect. In order to understand the Board's action, a brief factual recitation is required.

In 1981, petitioner was sentenced to a prison term of not less than two years nor more than five years in the Court of Common Pleas of Allegheny County. As the effective date of that sentence was May 6, 1981, the maximum date was May 6, 1986. He was paroled in 1983. While on parole, he was recommitted as a technical violator; the maximum date, however, was not changed and petitioner was reparoled in early 1985. While on parole, he was arrested on new criminal charges in December of 1985. No bail was posted. While awaiting sentencing on the new charges, the Board removed its detainer on May 6, 1986, petitioner's maximum date. Petitioner was sentenced on the new charges to a term of imprisonment not less than nine months nor more than twenty-three months. Petitioner was subsequently recommitted as a convicted parole violator and his maximum expiration date on the original charges was extended to July 5, 1988.

Section 21.1(a) of the Parole Act, Act of August 6, 1941, P.L. 861, added by the Act of August 24, 1951, P.L. 1401, as amended, 61 P.S. ยง 331.21a(a) provides:

Any parolee under the jurisdiction of the Pennsylvania Board of Probation and Parole released from any penal institution of the Commonwealth who, during ...


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