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Barry L. MELHORN, Respondent, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Petitioner.

ORDER

PER CURIAM.

AND NOW, this 30th day of August, 2006, the Petition for Allowance of Appeal is GRANTED, and the order of the Commonwealth Court is hereby REVERSED. See McCray v. Pennsylvania Department of Corrections, 582 Pa. 440, 872 A.2d 1127 (2005); Gaito v. Pennsylvania Board of Probation and Parole, 488 Pa. 397, 412 A.2d 568 (1980); 42 Pa.C.S. § 9760. Jurisdiction relinquished.

Justice SAYLOR notes his dissent.

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MELHORN v. BD. OF PROBATION AND PAROLE
(Aug 30, 2006)