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McCULLOUGH v. PA. BD. of PROB. & PAROLE

No. 2941 C.D. 1986.

113 Pa.Commw. 21 (1988)

536 A.2d 470

Howard McCullough, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

January 22, 1988.

Attorney(s) appearing for the Case

Lester G. Nauhaus, Public Defender, with him, John H. Corbett, Jr., Chief, Appellate Division, and Richard S. Levine, Appellate Counsel, for petitioner.

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

Submitted on briefs April 8, 1987, to President Judge CRUMLISH, JR., Judge DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, January 22, 1988:

This is an appeal by Howard McCullough from an order of the Pennsylvania Board of Probation and Parole (Board), which modified a recommitment order by deleting all references to a violation of technical parole condition 5c (refrain from assaultive behavior) and affirmed a prior determination to recommit McCullough to serve eighteen months as a technical parole violator...

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