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HARDY v. PA. BD. of PROB. and PAR.

No. 3492 C.D. 1983.

87 Pa.Commw. 330 (1985)

Donald Hardy, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

February 1, 1985.

Attorney(s) appearing for the Case

Lester G. Nauhaus, Public Defender, with him, John H. Corbett, Jr., Chief Appellate and Mitchell A. Kaufman, Appellate counsel, for petitioner.

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

Submitted on briefs November 8, 1984, to Judges CRAIG and PALLADINO and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, February 1, 1985:

Petitioner, Donald Hardy, appeals from an order of the Pennsylvania Board of Probation and Parole (Board) arguing that the Board erred in computing the back time Petitioner will serve upon his recommitment to incarceration as a technical and convicted parole violator.

On December 28, 1979, Petitioner was paroled from incarceration for a previous murder conviction for which he was serving a fifteen year sentence...

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