J. Wright v. PA BPP
2037 C.D. 2016
| Pa. Commw. Ct. | Sep 14, 2017Background
- Petitioner Jason Wright was serving a 15-year Pennsylvania sentence with an original maximum date of Feb. 15, 2013; 3,271 days remained when paroled to a federal detainer on Mar. 3, 2004.
- Wright served a federal sentence (Mar. 3, 2004–Mar. 13, 2008), was later arrested in Virginia on Oct. 21, 2011, detained on new charges with a Board detainer, convicted in March 2012 and sentenced in July 2013 in Virginia, and served a 30‑month federal sentence ending July 2, 2015, when returned to Pennsylvania custody.
- The Board denied Wright credit for: (1) time in federal custody while on parole (Mar. 3, 2004–Mar. 13, 2008); (2) Oct. 21, 2011–Mar. 25, 2013 (held on new VA charges and Board detainer); and (3) Mar. 25, 2013–July 2, 2015 (federal custody for federal parole violation). The Board also denied all street‑time credit.
- The Board recalculated Wright’s maximum as of July 2, 2015, using the 3,271‑day balance, producing a new max date of June 15, 2024.
- Appointed counsel filed a Turner/Finley no‑merit letter and petition to withdraw; the Court reviewed counsel’s compliance with procedural prerequisites and the merits of Wright’s claims.
Issues
| Issue | Wright's Argument | Board's Argument | Held |
|---|---|---|---|
| Did appointed counsel satisfy Turner/Finley technical prerequisites to withdraw? | Counsel complied but Court should scrutinize merits regardless. | Counsel submitted no‑merit letter, served documents, and advised Wright of rights. | Counsel met Turner/Finley requirements; withdrawal granted. |
| Was Wright entitled to credit for Mar. 3, 2004–Mar. 13, 2008 (time in federal custody while paroled)? | That period was constructive parole and must count as time served on his PA sentence (concurrent credit). | Board may, in its discretion, deny credit for time at liberty on parole under §6138(a); it chose to deny credit. | Denial upheld: individual was on liberty on parole but Board lawfully exercised discretion to withhold credit. |
| Was Wright entitled to credit for Oct. 21, 2011–Mar. 25, 2013 (held on new VA charges plus Board detainer)? | Time detained should count toward his PA sentence; denial caused consecutive rather than concurrent service. | Detention was for new charges (not solely PA detainer); credit only for custody on the specific sentence; Board properly denied credit. | Denial upheld: Board acted within discretion; custody was for other charges so no credit. |
| Was Wright entitled to credit for Mar. 25, 2013–July 2, 2015 (federal custody for federal parole violation)? | That federal confinement should be credited to his PA sentence. | That confinement was for a separate federal violation/ sentence; credit is not available for custody on other offenses. | Denial upheld: custody related to different offense; Board properly denied credit; no unlawful consecutive sentencing. |
Key Cases Cited
- Turner v. Commonwealth, 544 A.2d 927 (Pa. 1988) (describes no‑merit letter requirements for counsel withdrawal)
- Pennsylvania v. Finley, 481 U.S. 551 (U.S. 1987) (framework for no‑merit withdrawal where Sixth Amendment right to counsel does not apply)
- Bowman v. Pennsylvania Bd. of Probation & Parole, 709 A.2d 945 (Pa. Cmwlth. 1998) (constructive parole treated as at liberty on parole)
- Merritt v. Pennsylvania Bd. of Probation & Parole, 574 A.2d 597 (Pa. 1990) (parole to begin new sentence constitutes constructive parole)
- Cox v. Pennsylvania Bd. of Probation & Parole, 493 A.2d 680 (Pa. 1985) ("at liberty on parole" defined re: particular sentence)
- Krantz v. Pennsylvania Bd. of Probation & Parole, 698 A.2d 701 (Pa. Cmwlth. 1997) (Board may remove previously credited street time)
- Houser v. Pennsylvania Bd. of Probation & Parole, 682 A.2d 1365 (Pa. Cmwlth. 1996) (parolee loses credit for time at liberty after arrest on new charges)