Auberzinski v. Commonwealth

KELLEY, Judge.

Robin Auberzinski has filed a petition for review in the nature of mandamus in this court’s original jurisdiction, requesting that this court direct the Pennsylvania Board of Probation and Parole (board) and the Pennsylvania Department of Corrections (department) to release him on parole.1 The board and the department have each filed preliminary objections, including preliminary objections in the nature of a demurrer.2

Auberzinski’s mandamus petition makes the following allegations. Auberzinski began serving a ten-to-twenty year sentence for third degree homicide in 1986. During…