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AVILES v. PENNSYLVANIA DEPT. OF CORRECTIONS

875 A.2d 1209 (2005)

Carlos AVILES, Petitioner v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 2, 2005.

Attorney(s) appearing for the Case

Carlos Aviles, petitioner, pro se.

Timothy A. Holmes, Asst. Counsel, Leslie Anne Miller, General Counsel, and Michael A. Farnan, Chief Counsel, Camp Hill, for respondent.

BEFORE: COLINS, President Judge, LEADBETTER, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.1

This case concerns a petition for review in the nature of mandamus filed in our original jurisdiction by inmate Carlos Aviles, representing himself. Aviles asks this Court to direct the Pennsylvania Department of Corrections (DOC) to credit him for 873 days' time served. DOC challenges the legal sufficiency of the petition, asserting Aviles does not have a clear right to the credit he seeks.

The credit...

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