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HAROLD X (SMITH) v. BD. OF PROB. & PAROLE

No. 281 Misc. Docket No. 2.

53 Pa.Commw. 552 (1980)

Harold X (Smith), Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole and Department of Justice, Bureau of Corrections, Respondents.

Commonwealth Court of Pennsylvania.

August 26, 1980.

Attorney(s) appearing for the Case

Harold X. (Smith), for himself, petitioner.

Robert A. Greevy, Assistant Attorney General, with him Harvey Bartle, III, Acting Attorney General, for respondents.

Submitted on briefs June 17, 1980, to President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL and WILLIAMS, JR.

OPINION BY JUDGE CRAIG, August 26, 1980:

Harold X (Smith), petitioner, has filed a petition for review in the nature of mandamus seeking to overturn the action of the Pennsylvania Board of Probation and Parole (board) in recommitting him as a convicted parole violator. The sole issue presented by the parties' cross-motions for summary judgment is the timeliness of petitioner's full revocation hearing.

While on parole from an earlier sentence, petitioner was...

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