425 Pa. 603 | Pa. | 1967
Opinion by
Michael Vladyka was convicted of murder in the first degree and sentenced to life imprisonment in April of 1931. In June of 1960, Vladyka’s minimum sentence was commuted and in March of 1961 he was paroled. In July of 1961 Vladyka was returned to prison as a technical parole violator. In December of 1964 he was reparoled, but in August of 1965 he was returned again to prison as a technical parole violator.
In October of 1966 Vladyka filed what he labeled a “petition to vacate sentence” in the Carbon County
Insofar as the dismissal of the court below treated the petition as one under the Post Conviction Hearing Act and was based on the want of particularity in Vladyka’s first petition, it was clearly in error in light of §7, Act of January 25, 1966, P. L. (1965) 1580, 19 P. S. §1180-7: “The court may grant leave to amend or withdraw the petition at any time. Amendment shall be freely allowed in order to achieve substantial justice. No petition may be dismissed for want of particularity unless the petitioner is first given an opportunity to clarify his petition.” (Emphasis supplied.) However, the decision of the court below to treat Vladyka’s petition as arising under the Post Conviction Hearing Act is puzzling in light of the fact, recognized by the court, that the Act does not encompass Vladyka’s claim. This, of course, is because the Act “establishes . . . procedure for providing relief from convictions obtained and sentences imposed without due process of law”
Nonetheless, we believe that the court below was correct in dismissing Vladyka’s petition. For even considering that petition as one involving an aspect of habeas corpus not subsumed in the Post Conviction Hearing Act or mandamus, we do not believe he is entitled to any relief.
Stripped to its essential and cognizable claims, Vladyka’s petition asserts that the Parole Board acted unfairly and upon the basis of unconstitutional rules
Order affirmed.
Vladyka’s papers on appeal add tbe complaint that the board refused to interview him at the expiration of his two year recommittal “sentence.” However, since Vladyka is no longer being held pursuant to his first commitment, such a claim is not now cognizable. The argument that Vladyka would be entitled to “credit” in computing his present “sentence” if the Board improperly refused to reparole him at a prior time is simply not valid in view of the statutory scheme which makes the prospects of the prisoner’s readjustment to society the chief criteria upon which parole shall be granted by the board. For the same reason, Vladyka’s allegation, in his appeal papers, that his recommittal in 1961 for absconding from supervision was unfair because he had been given permission to make a trip by his parole officer would not, even if true, have any relevance to his present incarceration. The “sentences” of recommittal to which Vladyka refers are, of course, no such thing in the normal judicial acceptation of that term. Bather they are a period set by the Parole Board for a prisoner recommitted after a technical parole violation within which 'the Parole Board advises it will probably not consider a new application for parole.
In his papers on appeal, Vladyka urges that the three year period is unfair because prison officials allegedly told him that a one year period is average for a technical parole violator.
In his papers on appeal, Vladyka adds the complaint that the Parole Board failed to release him for eight months after the commutation of his sentence. For the reasons outlined in note 1 supra, we fail to see the present relevance of this complaint.
Act of January 25, 1966, P. L. (1965) 1580, §2, 19 P.S. §1180-2,