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Funk v. Pennsylvania Board of Probation and Parole

Counsels no-merit letter, which lacked a detailed indication of why the assertion that petitioner was not under parole supervision at the time of the offense is frivolous and lacked analysis of the alleged due process violation, is defective; counsels petition to withdraw as counsel is denied.

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Submitted: February 22, 2002

OPINION

Before this Court is a petition to withdraw filed by Harry J. Cancelmi, Jr., Esquire (Counsel). Counsel is the Public Defender for Greene County and represents Gerald Funk (Petitioner) in the present case. Petitioner has filed a petition for review in this Court seeking review of a decision of the Pennsylvania Board of Probation and Parole (Board), denying Petitioner’s request for administrative relief after the Board recommitted him to serve twelve months backtime as a convicted parole violator (CPV). For the reasons set forth in this opinion, we deny Counsel’s petition to withdraw without prejudice and direct Counsel to refile the application once he has complied with the requirements of Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988).

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