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

No. 392 Misc. Docket No. 3.

82 Pa.Commw. 618 (1984)

Eugene Gundy, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

May 30, 1984.

Attorney(s) appearing for the Case

James T. Huber, for petitioner.

Robert A. Greevy, Chief Counsel, with him, Arthur R. Thomas, Assistant Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs July 22, 1983, to Judges WILLIAMS, JR., DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., May 30, 1984:

This is a petition by Eugene Gundy (petitioner) seeking review of an administrative order of the Pennsylvania Board of Probation and Parole (Board) denying administrative relief from a Board recommitment order. Petitioner alleges the Board's action which recommits him as a technical violator and as a convicted violator for a new conviction based on the same conduct violates the prohibitions against double jeopardy contained...

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