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12/23/97 GARY PALMER v. PENNSYLVANIA BOARD

December 23, 1997

GARY PALMER, PETITIONER
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appealed From No. Parole No. 4835-K. State Agency, Pennsylvania Board of Probation and Parole.

Before: Honorable Dan Pellegrini, Judge, Honorable James R. Kelley, Judge, Honorable Emil E. Narick, Senior Judge. Opinion BY Judge Kelley.

The opinion of the court was delivered by: Kelley

OPINION BY JUDGE KELLEY

FILED: December 23, 1997

Gary Palmer (Palmer) appeals pro se from an order of the Pennsylvania Board of Probation and Parole which denied his request for administrative relief. We affirm.

On January 29, 1981, Palmer was sentenced to a term of 10 to 20 years for the offense of robbery with a maximum term expiry of September 14, 1999. After serving 10 years in a state correctional facility, the board paroled Palmer from his sentence on May 18, 1990.

While on parole, Palmer was arrested and convicted of a new crime. By decision recorded March 14, 1991, Palmer was recommitted as a convicted parole violator. Upon recommitment, Palmer's maximum expiration date was extended to January 8, 2000. *fn1

Palmer was reparoled on May 8, 1991. Thereafter, Palmer was recommitted for technical parole violations on May 4, 1992, and again on June 20, 1993. His maximum term expiry remained January 8, 2000. Palmer was reparoled on December 26, 1993. Upon release, Palmer signed a form governing conditions of parole/reparole which stated in pertinent part:

If you are convicted of a crime committed while on parole/reparole, the Board has the authority, after an appropriate hearing, to recommit you to serve the balance of the sentence or sentences which you were serving when paroled/reparoled, with no credit for time at liberty on parole.

Certified Record at page 29.

While on reparole, Palmer was convicted of a new crime. After a hearing before the board, Palmer was again recommitted as a convicted parole violator by decision dated January 26, 1996. His maximum expiration date was extended to October 24, 2001. *fn2

On May 5, 1996, Palmer filed a request for administrative relief which was denied by the board on January 10, 1997. Palmer appeals the board's order to this court pro se. *fn3

Palmer raises the following issues on appeal:

1. Whether the board erred and/or violated constitutional rights by taking away a parole violator's street time without first notifying the parolee prior to his recommitment hearing that ...


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