Wagner v. Pa. Bd. of Prob. & Parole

Opinion by

Judge Palladino,

This is an appeal by petitioner, Ralph Edward Wagner, from a denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). For the reasons which follow, we reverse petitioners recommitment as a technical parole violator.

Petitioner was paroled June 19, 1982, after serving six months of a six to forty-eight month sentence for receiving stolen property 1 and theft of services. 2 On Au gust 17, 1983, while at liberty on parole, petitioner was arrested and charged with three counts each of possession, 3 possession with intent to deliver, 4 and…