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RIVENBARK v. COM. PA. BD. OF PROB. & P.

509 Pa. 248 (1985)

501 A.2d 1110

Harry RIVENBARK, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Appellee.

Supreme Court of Pennsylvania.

Decided December 10, 1985.

Attorney(s) appearing for the Case

John R. Merrick, Public Defender, William G. Brown, Asst. Public Defender, Juan R. Sanchez, West Chester, Leonard Sosnov, Philadelphia, for amicus — Phila. Defenders Assn.

Robert A. Greevy, Chief Counsel, Arthur R. Thomas, Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

The issue in this case is whether, under the terms of the Pennsylvania Board of Parole Act,1 a parolee may be recommitted to separate terms of "backtime" as both a convicted parole violator and a technical parole violator if the technical violation is based upon the same act as is the conviction supporting the conviction violation.

Appellant, Harry...

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