Choice v. Pennsylvania Board of Probation & Parole

Opinion by

President Judge Bowman,

This case poses the question of whether the Pennsylvania Board of Probation and Parole (defendant) may lawfully and constitutionally extend the maximum sentence of a parolee who committed a crime while on parole, but was not convicted until after the expiration of the court-imposed maximum sentence. We hold that it can.

Robert Lee Choice (plaintiff) instituted his action by a complaint in mandamus filed with the Supreme Court of Pennsylvania. Defendant raised preliminary objections to the Supreme Court’s jurisdiction and a demurrer. The Supreme Court by Order…