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JOHNSON v. BD. OF PROBATION AND PAROLE

No. 1922 C.D. 2010.

19 A.3d 1178 (2011)

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

Commonwealth Court of Pennsylvania.

Decided March 17, 2011.

Attorney(s) appearing for the Case

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

Arthur R. Thomas , Assistant Counsel, Harrisburg, for respondent.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Osborne Johnson (Johnson) petitions for review from a final determination of the Pennsylvania Board of Probation and Parole (Board) recommitting him to serve 12 months backtime as a convicted parole violator. Because Johnson's revocation hearing was not timely held pursuant to 37 Pa.Code § 71.4,1 we reverse.

On April 25, 2006, Johnson was paroled to a...

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