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

No. 263 Misc. Dkt. No. 3.

71 Pa.Commw. 523 (1983)

Rickie Trenge, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

February 2, 1983.

Attorney(s) appearing for the Case

Patrick J. Flannerey, Assistant Public Defender, for petitioner.

Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 2, 1983:

In this appeal from a decision of the Board of Probation and Parole (Board) the question to be resolved as set forth in Petitioner's brief is1:

May the Board recommit and recompute the sentence of a convicted parole violator where, although the subsequent crime was committed during parole, the conviction did not take place until the expiration of the maximum sentence on the prior conviction...

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