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JOHNSON v. PENNSYLVANIA BD. OF PROBATION

890 A.2d 45 (2006)

Ricky JOHNSON, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 9, 2006.

Attorney(s) appearing for the Case

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

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

BEFORE: McGINLEY, Judge, and LEADBETTER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEADBETTER.

Ricky Johnson petitions for review of the order of the Pennsylvania Board of Probation and Parole (Board), which denied his request for administrative relief, thereby affirming his recommitment as a convicted parole violator to a State Correctional Institution to serve twelve months backtime. The critical issue on appeal is whether the Board proved by a preponderance of the evidence that Johnson's revocation hearing was timely. After review...

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