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ANTHONY BELLOCHIO v. COMMONWEALTH PENNSYLVANIA (06/09/89)

decided: June 9, 1989.

ANTHONY BELLOCHIO, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



PETITION FOR REVIEW

COUNSEL

Joseph P. Green, Jr., Duffy & Duffy, West Chester, for petitioner.

Robert A. Greevy, Chief Counsel, Arthur R. Thomas, Asst. Chief Counsel, Harrisburg, for respondent.

Crumlish, Jr., President Judge, and Colins, J., and Narick, Senior Judge.

Author: Crumlish

[ 126 Pa. Commw. Page 421]

OPINION

Anthony Bellochio has filed a petition for review in this Court's original jurisdiction seeking an order directing the respondent Pennsylvania Board of Probation and Parole

[ 126 Pa. Commw. Page 422]

(Board) to remove a detainer it has lodged against him. The Board has filed a preliminary objection to Bellochio's petition in the nature of a demurrer,*fn1 which we sustain for the reasons set forth below.

On August 31, 1984, Bellochio was paroled from a two-to-four year sentence served in the Delaware County prison.*fn2 On September 11, 1985, Bellochio was rearrested on a Board warrant, convicted of a federal drug offense and sentenced on January 30, 1986, to serve five years in a federal prison. On March 24, 1986, he was sentenced to serve six months at the Delaware County prison for assault. Bellochio was then recommitted as a convicted parole violator*fn3 and returned to the Delaware County prison to serve his backtime on May 6, 1987, when his federal sentence was vacated.

On July 17, 1987, an additional federal sentence was imposed and Bellochio was returned to federal custody. The Board lodged a new detainer with the federal authorities, seeking Bellochio's return at the expiration of his federal sentence to complete his backtime and new state sentence.

Bellochio seeks an order declaring the most recent detainer invalid. In support of its demurrer, the Board argues that Bellochio's failure to aver no adequate remedy at law bars relief. The Board suggests that Bellochio could have appealed the lodging of the detainer with federal authorities, however, it fails to cite a statute ...


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