Johnson v. Commonwealth, Pennsylvania Board of Probation & Parole
Johnson v. Commonwealth, Pennsylvania Board of Probation & Parole
Opinion of the Court
OPINION
Petitioner was arrested by an agent of the Pennsylvania Board of Probation and Parole (“Board”) on October 1, 1982. He was charged with technical parole violations consisting of assaultive behavior and consuming intoxicating beverages. Following a hearing he was adjudicated a parole violator and recommitted to serve an 18-month term of imprisonment. Petitioner filed a petition for review in the Commonwealth Court challenging the Board’s action. On April 1, 1984, while that petition was pending, petitioner was reparoled. The Board thereupon moved to dismiss the petition as moot. The Board’s motion was granted on April 18, 1984. The instant timely petition for allowance of appeal followed.
Petitioner argues that his rights have been violated by the Board and that he is wrongfully being denied review of his claims. We agree. We have held that a party may collaterally attack his conviction even though his sentence has been served in full if there may be some possible consequences resulting from the conviction. See, e.g., Commonwealth v. Rohde, 485 Pa. 404, 402 A.2d 1025 (1979);
Accordingly, the petition for allowance of appeal is granted. The order of the Commonwealth Court is reversed and the record is remanded for a decision on the merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.