Franklin v. Commonwealth, Pennsylvania Board of Probation & Parole

Opinion by

Judge Palladino,

Samuel Franklin (Petitioner) has appealed from a decision of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief and affirming its prior decision to rescind Petitioner’s parole. Petitioner has filed a motion for summary relief asserting that there is no genuine issue of fact and that judgment should be entered in his favor.

On February 24, 1979, Petitioner was sentenced to a term of five to twenty years for robbery. The effective date of Petitioner’s sentence was July 2, 1978, at which time he was incarcerated at the…