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CAPERS v. PA. BD. OF PROB. AND PAROLE

No. 1803 C.D. 1978.

42 Pa.Commw. 356 (1979)

James Capers, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

April 30, 1979.

Attorney(s) appearing for the Case

Jeffrey Shender, Assistant Defender, John W. Packel, Assistant Defender, Chief, Appeals Division, and Benjamin Lerner, Defender, for petitioner.

Robert A. Greevy, Assistant Attorney General, and Edward G. Biester, Jr., Attorney General, for respondent.

Submitted on briefs, March 9, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE MENCER, April 30, 1979:

James Capers (Capers) has filed a petition for review challenging the order of the Pennsylvania Board of Probation and Parole (Board) recommitting him as a technical parole violator. On January 13, 1978, a preliminary hearing was conducted by the Board, at which time probable cause was found to charge Capers with a technical violation of his parole.

The Board...

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