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04/24/97 ANTHONY K. MERRIWETHER v. PENNSYLVANIA

April 24, 1997

ANTHONY K. MERRIWETHER, PETITIONER
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appealed From Parole No. 5524-T. State Agency Pennsylvania Board of Probation and Parole.

Before: Honorable Rochelle S. Friedman, Judge, Honorable Bonnie Brigance Leadbetter, Judge, Honorable Charles A. Lord, Senior Judge. Opinion BY Senior Judge Lord.

The opinion of the court was delivered by: Lord

OPINION BY

SENIOR JUDGE LORD

FILED: April 24, 1997

Anthony Merriwether (Merriwether) appeals a Pennsylvania Board of Probation and Parole (Board) decision denying his request for administrative relief as to an amount of backtime and a review date ordered by the Board.

The following facts are apparent from the briefs and the record. Merriwether entered guilty pleas to several offenses and was sentenced in 1987, with an original maximum sentence expiration date of April 11, 1997. He was incarcerated until paroled on May 29, 1990, his minimum sentence expiration date. The Board issued a decision in October 1995 declaring Merriwether delinquent as of November 1994. In December 1995, Merriwether was arrested by police on criminal charges and the Board issued a detainer warrant.

Following a violation hearing, the Board recommitted Merriwether as a technical parole violator to serve fifteen months backtime, and set a review date of April 1997. Specifically, the Board rendered two decisions in this regard. The first decision contains a mailing date of June 11, 1996, and states in part:

As recorded on 040396 the Board...rendered the following decision in your case:

Detain pending Disposition of criminal charges...and recommit to a state correctional institution when available as a TPV to serve 15 months on backtime.

15 months for multiple technical parole violations. Condition No 2-change of approved residence without permission and condition no 3A-failure to report as instructed.

Evidence relied on: Your admission to violations....

If you wish to appeal this decision, you must file a request for administrative relief with the Board within thirty days....

(Record item No. 12) (emphasis added). The Board next issued a second decision, with a mailing date ...


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