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WILLIE ROBINSON v. COMMONWEALTH PENNSYLVANIA (09/19/88)

decided: September 19, 1988.

WILLIE ROBINSON, 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 Re: Willie Robinson, Parole No. 6964-R, dated July 29, 1987.

COUNSEL

Patrick J. Flannery, Assistant Public Defender, for petitioner.

Timothy P. Wile, 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. Dissenting Opinion by Senior Judge Barbieri.

Author: Palladino

[ 119 Pa. Commw. Page 514]

This is an appeal by Willie Robinson (Petitioner) from a denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). For the reasons that follow, we affirm.

[ 119 Pa. Commw. Page 515]

On February 2, 1987, the Board recommitted Petitioner to serve 18 months backtime as a technical parole violator. On February 11, 1987, the Board ordered Petitioner recommitted, when available, to an additional 15 months backtime as a convicted parole violator. The Board modified this order, on May 20, 1987, to apportion 18 months backtime to Petitioner's one and one-half to three year sentence and the balance of 15 months backtime to be served on a one to seven year sentence. On June 9, 1987, this decision was mailed to Petitioner along with an order dated May 21, 1987, establishing a tentative reparole date of April 5, 1989. On July 17, 1987, the Board received Claimant's pro se administrative appeal from the May 20, 1987 order. Because the Board received this appeal 38 days after the mailing date of its order, the Board dismissed the appeal as untimely pursuant to 37 Pa. Code ยง 71.5(h)*fn1 in an order dated July 29, 1987. Over eight months later, on April 19, 1988, acting pro se, Claimant filed a petition for review with this court. Claimant then obtained counsel for the filing of a brief to this court.

"A petition for review of a quasi-judicial order . . . shall be filed with the prothonotary of the appellate court within 30 days after the entry of the order." Pa. R.A.P. 1512(a)(1).

The timeliness of an appeal and compliance with the statutory provisions which grant the right of

[ 119 Pa. Commw. Page 516]

    appeal go to the jurisdiction of the court to hear and decide the appeal. . . . The courts have no power to extend the period for taking appeals, absent fraud or a breakdown in the court's operation through a default of its officers.

Altieri v. Pennsylvania Board of Probation and Parole, 88 Pa. Commonwealth Ct. 592, 593, 495 A.2d 213, 214 (1985) (quoting Iannotta v. Philadelphia Transportation Company, 11 Pa. ...


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