Commonwealth v. Martz
42 A.3d 1142
| Pa. Super. Ct. | 2012Background
- Martz was convicted of indecent assault and corruption of minors in 2005, with consecutive 2–8 year prison terms and a finding as a sexually violent predator.
- An August 2006 amended sentencing order reduced the aggregate sentence to 1–4 years, which this Court later held was improper on direct appeal.
- On remand in 2007, the trial court reinstated consecutive sentencing; the Montour County Clerk, however, failed to transmit the order to the DOC.
- In 2008, Martz filed a PCRA petition; during proceedings, the DOC released him on January 21, 2010, due to the prior clerical error, ending his concurrent sentence without parole.
- The Commonwealth moved to dismiss the PCRA on the grounds Martz was not in custody; the petition was dismissed in June 2010, and Martz appealed.
- In 2011 the Commonwealth discovered the 2007 re-sentencing order was not transmitted; Martz was re-detained on August 12, 2011 and recommitted on September 1, 2011, with the court crediting time served prior to custody as sought by the defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time spent at liberty due to clerical error qualifies for credit | Martz argues he is entitled to credit for erroneous liberty time. | Commonwealth contends no custody exists, so no credit should be awarded. | No credit for erroneous liberty time; only time in custody qualifies. |
| Whether equitable considerations justify credit for time at liberty | Martz relies on Kriston doctrine granting equitable credit. | Commonwealth argues Blair/Kyle limit equitable credit when no assurances were given and the defendant was not in custody. | Equitable credit not warranted; no assurances and prolonged liberty undermine entitlement. |
| Whether the reversed time-serve credit affected the legality of the sentence | Martz sought credit for time served prior to custody as part of the sentence. | Commonwealth asserts the sentencing order remained legal without that credit. | Trial court’s credit for time served prior to custody invalid; remand for proper time-served credit only for August 12, 2011 to September 1, 2011. |
Key Cases Cited
- Commonwealth v. Kriston, 527 Pa. 90 (1991) (equitable credit for time in home monitoring when assurances exist)
- Commonwealth v. Blair, 699 A.2d 738 (Pa. Super. 1997) (no credit for time erroneously at liberty absent assurances; societal interest in serving sentence intact)
- Commonwealth v. Kyle, 582 Pa. 624 (2005) (no custody credit for electronic monitoring without equitable justification)
- Commonwealth v. Maxwell, 932 A.2d 941 (Pa. Super. 2007) (time spent in custody interpretation of 9760(1))
- Forbes v. Pennsylvania Department of Corrections, 931 A.2d 88 (2007) (discussed as non-binding where not on point; distinguished)