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BENEFIEL v. PA. BD. OF PROB. AND PAROLE.

No. 247 Misc. Docket No. 2.

57 Pa.Commw. 401 (1981)

Charles Benefiel, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

March 11, 1981.

Attorney(s) appearing for the Case

Charles Benefiel, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him, Edward G. Biester, Jr., Attorney General, for respondent.

Submitted on briefs, January 2, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG and MACPHAIL. Judges WILLIAMS, JR. and PALLADINO did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, March 11, 1981:

Charles Benefiel has filed a petition for review challenging the decision of the Pennsylvania Board of Probation and Parole (Board) recommitting him as a technical parole violator. Cross-motions for judgment on the pleadings have been filed, and the issues have been submitted on briefs.

Benefiel alleges that a Board warrant filed to commit and retain him as a technical parole violator should be vacated because...

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