Hugie v. Horn

DOYLE, Judge.

Before this Court in our original jurisdiction, pursuant to Section 761 of the Judicial Code, 42 Pa.C.S. § 761, is the preliminary objection in the nature of a demurrer filed by the Commissioner of the Department of Corrections and the Superintendent of the State Correctional Institute at Graterford (Department), in response to a writ of mandamus filed by Malcolm Hugie (Petitioner).

Petitioner was convicted and sentenced, on January 19, 1993, to a term of three and one-half to nine years for rape, involuntary deviate sexual intercourse, burglary, assault and other offenses. On…