Com. v. Foster, T.
Com. v. Foster, T. No. 1651 EDA 2016
| Pa. Super. Ct. | Apr 12, 2017Background
- Appellant Foster pled guilty to multiple DUIs within a ten-year look-back, with the third DUI in case 764 and a fourth in case 1181.
- The trial court conditionally sentenced Foster to the State Intermediate Punishment (SIP) program after an eligibility determination.
- On May 15, 2014 and September 15, 2014, Foster was sentenced to SIP in both cases following the court’s evaluation and eligibility rulings.
- In May 2016 the Department of Corrections expelled Foster from SIP for lack of meaningful participation and other program violations.
- A revocation and resentencing hearing followed; Foster was removed from SIP and resentenced to 16-48 months in an SCI plus one year of probation, with an aggregate term of 32-96 months and two years of probation.
- Foster sought additional time credit; the trial court allowed time credit for days spent before SIP and in the SIP evaluation phases but denied credit for time spent in a Community Corrections Center (CCC) while on SIP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Foster was in custody for time spent in a CCC while on SIP | Foster argues credit should include CCC time while on SIP. | State contends no credit for CCC time spent during SIP; only time in actual SIP and evaluation counts. | No credit for CCC time; SIP time accounting limits credit to SIP time plus evaluation time. |
| Whether the denial of time credit was discretionary by the sentencing judge | Credit should be discretionary and potentially granted. | Credit determinations under SIP are not discretionary; statutory framework governs credits. | The denial of time credit was not an error; SIP framework limits credits and the decision falls within governing statutes. |
Key Cases Cited
- Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. 2010) (SIP credit only for time in SIP program and evaluation; surrender of other credits)
- Commonwealth v. Preston, 904 A.2d 1 (Pa. Super. 2006) (transcript- and record-related waiver considerations for discretionary review)
- Commonwealth v. Pettus, 860 A.2d 162 (Pa. Super. 2004) (challenge to legality of sentence; plenary, de novo review standard)
- Commonwealth v. Cooper, 27 A.3d 994 (Pa. 2011) (pro se filings and procedural aspects in appellate review)
- Commonwealth v. Jette, 23 A.3d 1032 (Pa. 2011) (pro se leakage and appellate processing considerations)
- Commonwealth v. Ali, 10 A.3d 282 (Pa. 2010) (pro se filings and representation-related issues in appeals)
- Commonwealth v. Pursell, 724 A.2d 293 (Pa. 1999) (impact of record on waiver and appellate review)
- Commonwealth v. Ellis, 626 A.2d 1137 (Pa. Super. 1993) (early liability for credit and incarceration considerations)
- Commonwealth v. Glacken, 32 A.3d 750 (Pa. Super. 2011) (recording considerations in SIP and credit determinations)
- Commonwealth v. Nischan, 928 A.2d 349 (Pa. Super. 2007) (credit, time served, and appellate review standards)