D. Edwards v. PBPP
420 C.D. 2016
| Pa. Commw. Ct. | Jan 27, 2017Background
- Edwards was paroled from a 3–7 year robbery sentence (min. Aug 10, 2012; max. Aug 10, 2016) and arrested on new charges in August 2014. He remained jailed without posting bail.
- On March 31, 2015 Edwards pleaded guilty to new charges and was returned to DOC custody on April 10, 2015.
- The Board received official verification of the new convictions on July 17, 2015, held a panel revocation hearing on August 3, 2015, and recommitted Edwards as a convicted parole violator (CPV) to serve 15 months backtime.
- The Board denied credit for time Edwards spent in county jail and for the April 10–August 3, 2015 DOC custody period, recalculating his maximum date to March 25, 2018.
- Edwards sought administrative review and then filed a petition for review with this Court (accepted nunc pro tunc). Appointed counsel submitted a Turner (no‑merit) letter and moved to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Edwards is entitled to credit against his original sentence for time in custody after his new convictions (April 10–Aug 3, 2015) | Edwards argued he should receive credit for time spent in DOC custody after his new convictions and before the Board’s revocation decision | Board argued Edwards was not entitled to backtime credit until parole was actually revoked (date of recommitment) and pre‑sentence county jail time was not exclusively on the Board’s detainer | Court held Edwards not entitled to credit until parole was revoked (Aug 3, 2015); county jail time not credited because confinement was not solely on Board detainer |
Key Cases Cited
- Campbell v. Pennsylvania Board of Probation and Parole, 409 A.2d 980 (Pa. Cmwlth. 1980) (parolee owes balance of original sentence only after parole is revoked and remainder becomes due and owing)
- Gaito v. Pennsylvania Board of Probation and Parole, 412 A.2d 568 (Pa. 1980) (pre‑sentence confinement credit not allowed where confinement was not solely on Board detainer)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedural requirements for court‑appointed counsel to file no‑merit letter to withdraw)
- Zerby v. Shanon, 964 A.2d 956 (Pa. Cmwlth. 2009) (Turner requirements apply to appointed counsel in parole appeals)