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SMITH v. DEPARTMENT OF CORRECTIONS

837 A.2d 652 (2003)

Carl M. SMITH, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 9, 2003.

Attorney(s) appearing for the Case

Carl M. Smith, petitioner, pro se.

Raymond W. Dorian, Camp Hill, for respondent.

BEFORE: FRIEDMAN, Judge, and COHN, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

The Department of Corrections (Department) has filed preliminary objections in the nature of a demurrer to the petition for review (Petition) filed by Carl M. Smith (Smith) in this court's original jurisdiction.

Currently, Smith is a prisoner at the state correctional institution at Greene (SCI-Greene). Smith was arrested in December of 1978 and was found guilty of robbery and burglary, for which he served a sentence of ten to twenty...

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