Yates v. Pennsylvania Board of Probation & Parole

OPINION BY Judge COVEY.

William W. Yates (Yates) appeals from the Board of Probation and Parole’s (Board) October 7, 2011 denial of his petition for administrative review. The issues before this Court are: (1) whether the Board erred by deeming Yates a recommitted technical parole violator who is unavailable to serve backtime, and (2) whether the Board erred by recommitting Yates as a technical parole violator for 9 months when he only had 4 months and 28 days remaining on his original sentence. We vacate and remand.

Yates was serving time in state prison for a sentence imposed in 2001 (Case…