Commonwealth v. Frye
Superior Court of Pennsylvania
1DissentBender, J.
¶ 1 I respectfully dissent. As the Majority indicates in footnote 1 of its Opinion, those sentenced to two or more years’ incarceration fall under the jurisdiction of the Pennsylvania Board of Probation and Parole (the “Board”) when on parole. People sentenced to less than two years’ incarceration remain under the jurisdiction of the trial court when on parole. See Commonwealth v. Reese, 774 A.2d 1255, 1259-1260 (Pa.Super.2001). In the instant case, Appellant’s sentence was less than two years; therefore, issues of parole were within the jurisdiction of the trial court rather than the Board.3
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2Cases cited16 opinions
- Cox v. Commonwealth, Board of Probation & ParoleSupreme Court of Pennsylvania · 1985
- Commonwealth v. HollawellSuperior Court of Pennsylvania · 1992
- Commonwealth v. ConahanSupreme Court of Pennsylvania · 1991
- Pane v. Department of HighwaysSupreme Court of Pennsylvania · 1966
- Commonwealth v. MallonSuperior Court of Pennsylvania · 1979
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