Smith v. Bd. of Probation & Parole

DOYLE, Judge.

Before us for consideration is a petition for leave to withdraw as appointed counsel filed by the Cumberland County Public Defender (Counsel) pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). Counsel was appointed by this Court to represent John Wayne Smith, an indigent prisoner incarcerated at the State Correctional Institution at Camp Hill (SCI-Camp Hill).

Smith was paroled by the Pennsylvania Board of Probation and Parole (Board) on December 20, 1986 from a two-to-four year…