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COMMONWEALTH of Pennsyl v. nia, Appellant,

ORDER

PER CURIAM.

In this case appellee attempts to attack the Parole Board's revocation of his parole through a Post Conviction Hearing Act petition filed in Allegheny County Common Pleas, the sentencing court. That court lacks jurisdiction over appeals from parole revocation, 61 P. S. § 331.17, and a Post Conviction Hearing Act proceeding is not an appropriate remedy for such matters. A parole revocation is neither a conviction nor a sentence, but an administrative proceeding. Bronson v. Commonwealth Board of Probation and Parole, 491 Pa. 549, 556-58, 421 A.2d 1021, 1024-25 (1980), cert. denied, 450 U.S. 1085, 101 S.Ct. 1771, 68 L.Ed.2d 247 (1981). Parole questions are in the appellate jurisdiction of Commonwealth Court. Id.

Act of August 6, 1941, P.L. 861, § 17 as amended.

The order of Superior Court is reversed and the order of the Allegheny County Court of Common Pleas dismissing appellee's Post Conviction Hearing Act petition is reinstated.

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COM. v. FELLS
(Dec 16, 1986)