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MISTICH v. COM., BD. OF PROBATION AND PAROLE

863 A.2d 116 (2004)

Gerald MISTICH, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 7, 2004.

Attorney(s) appearing for the Case

Harry J. Cancelmi, Jr., Waynesburg, for petitioner.

Arthur R. Thomas, Harrisburg, for respondent.

BEFORE: PELLEGRINI, J., LEAVITT, J., and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

On March 29, 2004, the Pennsylvania Supreme Court vacated an order of this Court dated May 16, 2003, in which we sustained the preliminary objection of the Pennsylvania Board of Probation and Parole (Board) to the petition for review of Gerald Mistich (Petitioner). Petitioner sought to have this Court issue a writ of mandamus ordering the Board to give him credit for time he spent in state prison from March 12, 2001, through July 23, 2001...

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