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GARY OBRINGER v. COMMONWEALTH PENNSYLVANIA (08/05/88)

decided: August 5, 1988.

GARY OBRINGER, 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 Gary Obringer, No. 2260-P.

COUNSEL

Robert W. Beckwith, Appellate Counsel, with him, Lester G. Nauhaus, Public Defender, and John H. Corbett, Jr., Chief, Appellate Division, 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 Senior Judge Blatt.

Author: Blatt

[ 119 Pa. Commw. Page 309]

Gary Obringer*fn1 (petitioner) petitions for our review of denial by the Pennsylvania Board of Probation and Parole (Board) of administrative relief by its order mailed on December 3, 1987. We will affirm.

The petitioner was arrested for burglary in 1979 and was sentenced to serve one to five years in prison. He

[ 119 Pa. Commw. Page 310]

    began serving this sentence on November 2, 1983. His original maximum expiration date, therefore, was November 2, 1988. He was paroled on November 2, 1984. While on parole, he was arrested four times for new criminal offenses on November 8, 1985, December 11, 1985, December 13, 1985 and February 4, 1986.*fn2 He was found guilty on June 4 and June 25 of 1986 and was ultimately sentenced to serve a term of one and one-half to three years.

The petitioner was charged by the Board with a technical violation for violating condition number 3b of his parole by failing to notify his parole agent of his arrest within 72 hours. A preliminary hearing was held on January 16, 1986, after which it was determined that probable cause was established on the technical violation. The petitioner's violation hearing was subsequently held on February 20, 1986. On April 21, 1986, the Board ordered the petitioner to be recommitted as a technical parole violator to serve six months backtime when available.*fn3 The Board's decision of May 8, 1987 reads as follows:

Refer to Board action of 3-18-86 -- recommitment as a technical parole violator to serve 6 months backtime when available; and now continue on parole with prejudice with regard to the convictions of 6-4-86 and 6-25-86.

On August 27, 1987, the petitioner was paroled from his new sentence to Board detainer to begin serving his backtime. This ...


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