DINKINS v. PA. DEPT. OF JUSTICE ET AL.

No. 1666 C.D. 1986.

105 Pa.Commw. 282 (1987)

523 A.2d 1218

Leroi Dinkins, Petitioner v. Commonwealth of Pennsylvania, Department of Justice, Pennsylvania Board of Probation and Parole and Bureau of Corrections, and Lawrence Reid, Superintendent at SCIP Greensburg, and his hearing Examiner/Coordinator, M.J. Mathews, Respondents.

Commonwealth Court of Pennsylvania.

Submitted on briefs December 19, 1986.


Attorney(s) appearing for the Case

Dante G. Bertani, Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondents.

To Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, April 14, 1987:

Leroi Dinkins (Petitioner) appeals from a decision of the Pennsylvania Board of Probation and Parole (Board) which affirmed its prior order to rescind Petitioner's parole. We affirm.

On December 13, 1985, Petitioner was released from prison on a furlough. He returned on December 15, 1985. A urine sample was taken at that time for the purpose of drug testing. The test returned positive for morphine, and on December...

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