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DETAR v. PENNSYLVANIA BD. OF PROBATION

890 A.2d 27 (2006)

Clifford L. DETAR, Jr., Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 3, 2006.

Attorney(s) appearing for the Case

Clifford L. Detar, Jr., petitioner, pro se.

Arthur R. Thomas, Asst. Counsel and Victoria S. Freimuth, Chief Counsel, Harrisburg, for respondent.

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

OPINION BY Judge LEAVITT.

Clifford L. Detar, Jr., pro se, petitions for review of a decision of the Pennsylvania Board of Probation and Parole (Board) denying Detar's request for credit toward his recalculated sentence. Detar contends that the Board erred in failing to grant him credit for time spent at the Gateway Rehabilitation Center. We are asked to consider whether the conditions at Gateway were sufficiently custodial in nature that Detar should be given...

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