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RAKUS v. ROBINSON ET AL.

No. 269 Misc. Dkt.

33 Pa.Commw. 496 (1978)

Frank Rakus, Petitioner v. William B. Robinson, individually and in his official capacity as Commissioner of the Pennsylvania Bureau of Corrections, together with his agents and successors in interest, Charles C. Pagana, individually and in his official capacity as Director of Community Services for the Pennsylvania Bureau of Corrections together with his agents and successors in interest, James F. Howard, individually and in his official capacity as Superintendent of the State Correctional Institution at Pittsburgh, together with his agents and successors in interest, Charles Zimmerman, individually and in his official capacity as Deputy Superintendent of Treatment for Inmates at the State Correctional Institution at Pittsburgh, together with his agents and successors in interest, James Wigton, individually and in his official capacity as the Director of Treatment for Inmates at the State Correctional Institution at Pittsburgh, together with his agents and successors in interest, Respondents.

Commonwealth Court of Pennsylvania.

February 3, 1978.

Attorney(s) appearing for the Case

Frank Rakus, petitioner, for himself.

Michael H. Garrety, Deputy Attorney General, with him J. Andrew Smyser, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondent.

Submitted on briefs December 7, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, February 3, 1978:

Frank Rakus, petitioner pro se, was sentenced in 1950 to life imprisonment for the crime of first degree murder. This sentence was commuted in 1976 to a term of thirty years to life, said minimum sentence to expire on January 10, 1980. Added to the commutation order was the following phrase: "so that he may be eligible for pre-release consideration at the discretion of the Bureau of Correction." Petitioner promptly...

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