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

No. 221 Misc. Dkt. No. 2.

49 Pa.Commw. 216 (1980)

James T. Cunningham, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Julius T. Cuyler, Superintendent, Respondent.

Commonwealth Court of Pennsylvania.

February 6, 1980.

Attorney(s) appearing for the Case

James T. Cunningham, petitioner, for himself.

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

Submitted on briefs, October 16, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, February 6, 1980:

Petitioner, by his petition for review,1 first seeks pre-trial custody credit for six days of jail time between his October, 1976 arrest and his release on bail in November, 1976. No parole issues being here involved, this court does not have jurisdiction to direct the court of common pleas to alter the effective date of the original sentence. Petitioner may only petition

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