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

Opinion by

Judge MacPhail,

Luis Rodriquez (Petitioner) seeks review of an order of the Pennsylvania Board of Probation and Parole (Board) which denied administrative relief of a Board decision to recommit him as a technical and convicted parole violator. We vacate the order as to the technical violation and remand for a recomputation of backtime.

On August 14, 1984, a urine sample obtained from Petitioner tested positive for morphine, thus placing him in violation of Parole Condition 5(a). Subsequently, on September 24, 1984, Petitioner was arrested by the Lancaster City Bureau of Police for two…