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RICHMOND v. COMMONWEALTH

No. 128 Misc. Docket No. 2.

43 Pa.Commw. 603 (1979)

Benjamin Richmond, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

June 28, 1979.

Attorney(s) appearing for the Case

Benjamin Richmond, petitioner, for himself.

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

Submitted on briefs, April 5, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, June 28, 1979:

Petitioner Benjamin Richmond has filed a petition for writ of mandamus, which we treat as a petition for review, against the Pennsylvania Board of Probation and Parole (Board), alleging that he has been denied due process and has been subjected to double jeopardy as a result of the Board's unlawful recomputation of his sentence. The parties' cross-motions for summary judgment are before us for consideration.

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