Johnson v. Murray12/8/2005
Ryan R. Johnson petitions for review pro se from a final determination of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief. We affirm.
On December 15, 1995, Johnson was sentenced to six concurrent four to eight-year prison sentences based upon his guilty pleas in the Court of Common Pleas of Chester County to a number of drug charges. With an effective date of June 19, 1995, the sentence had a minimum expiration date of June 19, 1999 and a maximum expiration date of June 19, 2003. Upon the expiration of his minimum term, Johnson was released on parole on June 20, 1999.
On March 30, 2001, Johnson was declared delinquent by the Board effective March 26, 2001. Johnson was subsequently apprehended and, by decision mailed July 10, 2001, the Board recommitted Johnson as a technical parole violator to serve twelve months backtime, and as a convicted parole violator to serve a concurrent six months backtime. By decision mailed September 24, 2001, the Board recalculated the maximum expiration date of Johnson's sentence to be June 20, 2005. On August 19, 2002, Johnson was again released on parole.
On October 9, 2002, Johnson was declared delinquent by the Board effective October 3, 2002. On October 11, 2002, Johnson was arrested by the Philadelphia Police. By decision mailed January 17, 2003, the Board recommitted Johnson as a technical parole violator to serve twelve months backtime. By decision mailed September 22, 2003, the Board recalculated the maximum expiration date of Johnson's sentence to be June 28, 2005. On February 2, 2004, Johnson was again released on parole.
On April 21, 2004, Johnson was involved in a one-vehicle automobile accident while driving with his ten-year-old son, and he was arrested by the Pennsylvania State Police. Johnson was subsequently charged with two counts of Driving Under the Influence of Alcohol (DUI), and one count each of Recklessly Endangering the Welfare of a Child, Recklessly Endangering Another Person (REAP), Accidents Involving Death or Personal Injury While Not Properly Licensed, Driving While Operating Privilege is Suspended or Revoked, Careless Driving, Reckless Driving and Driving on Roadways Laned for Traffic. Johnson did not post bail on the new charges.
On April 23, 2004, the Board issued a Warrant to Commit and Detain Johnson for the purported violation of his parole. On April 29, 2004, the Board issued a Notice of Charges and Hearings which alleged that Johnson violated his parole based upon the new criminal charges and a number of technical violations. On May 3, 2004, Johnson waived his right to a preliminary hearing and a panel hearing on the parole violations, and requested that the hearing be continued pending the disposition of the new criminal charges.
On March 7, 2005, Johnson pleaded guilty to one count each of DUI and REAP in the Court of Common Pleas of Chester County (trial court). The trial court sentenced Johnson to a forty-day to six-month term of imprisonment for his DUI conviction, and a consecutive one-year term of probation for his REAP conviction, giving him credit for the pre-trial time that he served in custody from April 21, 2004 to May 30, 2004. In addition, that same day, the trial court issued an order retroactively granting Johnson parole from this sentence effective May 30, 2004.
On March 21, 2005, a parole violation hearing was conducted before the Board's hearing examiner. By decision mailed April 22, 2005, the Board recommitted Johnson as a technical parole violator to serve twelve months backtime, and as a convicted parole violator to serve a concurrent twelve months backtime. The decision als
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