IN THE COMMONWEALTH COURT OF PENNSYLVANIA Martin Penjuke, : Petitioner : : No. 1304 C.D. 2017 v. : : Argued: November 14, 2018 Pennsylvania Board of Probation : and Parole, : Respondent : BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ANNE E. COVEY, Judge HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge OPINION BY JUDGE McCULLOUGH FILED: February 1, 2019 Martin Penjuke (Penjuke) petitions for review of the August 18, 2017 order of the Pennsylvania Board of Probation and Parole (Board) denying his request for administrative relief and affirming its May 5, 2017 decision to recommit Penjuke as a convicted parole violator (CPV) for the remaining term of his unexpired sentence. In this decision, the Board revoked, or at least failed to honor, sentencing credit that Penjuke received for days he spent in good standing at liberty on parole, also known as “street time,”1 during a prior period of parole that resulted in his 1 Dorsey v. Pennsylvania Board of Probation and Parole, 854 A.2d 994, 996 n.3 (Pa. Cmwlth. 2004). recommitment as a technical parole violator (TPV). For authoritative support, the Board cited an established line of case law from this Court. Upon deliberation, we have convened en banc to reevaluate whether the precedent the Board relied upon remains viable or “good law” after, and in light of, a statutory amendment and our recent decision in Young v. Pennsylvania Board of Probation and Parole, 189 A.3d 16 (Pa. Cmwlth. 2018) (en banc), appeal granted, __ A.3d __ (Pa., No. 455 MAL 2018, filed January 2, 2019). The pertinent facts of this case are uncontested and are as follows. In connection with three separate criminal incidents occurring in 2012, Penjuke pleaded guilty to two charges of driving under the influence and was convicted of simple assault. A trial court sentenced Penjuke to an aggregate term of imprisonment of one year and nine months to nine years, and his minimum and maximum sentence dates were March 28, 2013, and June 28, 2020, respectively. Penjuke is incarcerated at the State Correctional Institution at Coal Township. (Certified Record (C.R.) at 1, 24- 26.) By decision recorded April 20, 2013, the Board granted Penjuke parole. Prior to his release, Penjuke signed conditions governing his parole advising that, “[i]f you are convicted of a crime committed while on parole/reparole, the Board has the authority, after an appropriate hearing, to recommit you to serve the balance of the sentence or sentences which you were serving when paroled/reparoled, with no credit for time at liberty on parole.” (C.R. at 32.) On June 26, 2013, Penjuke was released, and he spent 793 days (or approximately 2 years and 3 months) on parole in good standing, until August 28, 2015, when the Board declared him delinquent. Thereafter, Penjuke waived his rights to a revocation hearing and the assistance of counsel, and admitted that he violated the conditions of his parole for changing his ...
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