D. Lawson v. PPB
1298 C.D. 2020
| Pa. Commw. Ct. | Dec 30, 2021Background
- Lawson was sentenced in 2014 to 3–8 years; paroled July 13, 2015 (original max date Nov. 21, 2021).
- Arrested April 30, 2017; new charges later withdrawn; detained Apr 30–Jul 9, 2017 and released.
- Arrested Jan. 17, 2019 (DUI); Board lodged detainer Mar. 5, 2019; recommitted May 15, 2019 as a TPV to 6 months backtime with a reparole clause.
- Convicted of two DUI counts (May 31, 2019); sentenced July 16, 2019 to county time and released on parole the same day.
- Board modified/revoked reparole and on Sept. 3, 2019 recommitted Lawson as a CPV for 12 months backtime, denied credit for "street time" due to "unresolved drug and alcohol issues," and recalculated his maximum sentence date; administrative appeals followed.
- Commonwealth Court affirmed the Board: Penjuke does not apply because the CPV conduct occurred during the same parole period as the TPV conduct; the Board’s denial of street time and recalculation were upheld (with a corrected max date).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board lawfully revoked previously awarded street time (credit for time at liberty on parole) and recalculated Lawson’s maximum sentence date | Lawson: Board violated Penjuke by revoking street time previously granted; entitled to 1,332 days of credit | Board: Penjuke inapplicable because the criminal conduct that led to CPV recommitment occurred during the same parole period as the TPV conduct; denial of credit and recalculation supported by record (including confinement and presentence credits) | Court affirmed. Penjuke does not control where CPV and TPV conduct occur in the same parole period; Board’s denial of street time and recalculation upheld (max date corrected) |
Key Cases Cited
- Penjuke v. Pennsylvania Board of Probation and Parole, 203 A.3d 401 (Pa. Cmwlth. 2019) (held that revocation of previously awarded street time is impermissible under the facts presented in that case)
- Young v. Pennsylvania Board of Probation and Parole, 189 A.3d 16 (Pa. Cmwlth. 2018) (addresses street time credit issues in parole-revocation context)
- Kazickas v. Pennsylvania Board of Probation and Parole, 226 A.3d 109 (Pa. Cmwlth. 2020) (held Penjuke does not apply when CPV and TPV conduct occur during the same parole period; upheld revocation of street time)
- Walker v. Pennsylvania Board of Probation and Parole, 729 A.2d 634 (Pa. Cmwlth. 1999) (describes standard of review for Board decisions)