Nicastro v. Pa. Bd. of Prob. & Parole

Opinion by

Judge Craig,

Acknowledging that this courts recent decision in Keough v. Pennsylvania Board of Probation and Parole, 95 Pa. Commonwealth Ct. 252, 505 A.2d 378 (1986), is squarely on point against him, petitioner William M. Nicastro here requests that we overturn that ruling and conclude that a parolee who is ordered to serve back-time based upon the conviction of driving while under the influence of alcohol (DUI) may not receive additional backtime for the technical parole violation of consuming alcohol.

In Keough, we decided that a parolees technical violation of consuming alcohol…