CHOICE v. PA. BD. PROBATION & PAROLE

No. 42 Tr. Dkt. 1975.

24 Pa.Commw. 438 (1976)

Robert Lee Choice, Plaintiff v. Pennsylvania Board of Probation and Parole, Defendant.

Commonwealth Court of Pennsylvania.

May 11, 1976.


Attorney(s) appearing for the Case

Robert Lee Choice, plaintiff, for himself.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for defendant.

Submitted on briefs, March 3, 1976, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.


OPINION BY PRESIDENT JUDGE BOWMAN, May 11, 1976:

This case poses the question of whether the Pennsylvania Board of Probation and Parole (defendant) may lawfully and constitutionally extend the maximum sentence of a parolee who committed a crime while on parole, but was not convicted until after the expiration of the court-imposed maximum sentence. We hold that it can.

Robert Lee Choice (plaintiff) instituted his action by a complaint in mandamus filed with...

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