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BALDELLI v. PENNSYLVANIA BD. OF PROBATION

No. 1463 C.D. 2012

76 A.3d 92 (2013)

Brett C. BALDELLI, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Scott B. Rudolf, Assistant Appellate Defender, Pittsburgh, for petitioner.

Chad L. Allensworth, Assistant Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, and COLINS, Senior Judge.

OPINION BY Judge SIMPSON.

Brett C. Baldelli (Baldelli) petitions for review of an order of the Pennsylvania Board of Probation and Parole (Board) that recommitted him to a state correctional institution (SCI) based on his admission to two technical parole violations. Baldelli asserts the Board abused its discretion by recommitting him to an SCI rather than diverting him to a community corrections center (CCC) as required by statute. See former Section 6138...

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