N.T. Michael v. PA BPP
727 C.D. 2016
| Pa. Commw. Ct. | Feb 1, 2017Background
- Michael was sentenced Aug 23, 2012 to 1–3 years (orig. min Aug 23, 2013; max Aug 23, 2015) and was paroled Oct 15, 2013 (released Nov 25, 2013).
- Arrested on new retail-theft charges Dec 22, 2014 (Lancaster County); detained on a Board warrant and could not post bail; pled guilty June 1, 2015 and received 6–23 months followed by probation.
- Board recommitted Michael as a convicted parole violator (CPV) and initially set a parole-violation max date of March 2017; later corrected calculation to a max date of Jan 25, 2017, using June 1, 2015 as the date availability to serve backtime.
- Michael administratively contested that he was entitled to credit for pre-sentence confinement Dec 22, 2014–June 1, 2015 toward his original sentence; Board denied that claim, concluding the time applied to his new Lancaster sentence.
- Michael filed a petition for review in this Court; his counsel submitted a Turner/no-merit letter and moved to withdraw; the Court independently reviewed and considered the sole issue of crediting confinement time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time confined Dec 22, 2014–June 1, 2015 must be credited to Michael's original sentence when computing parole-violation backtime | Michael: that entire pre-sentence confinement period should be credited to his original sentence, reducing backtime and advancing his max date | Board: that the pre-sentence confinement was applied to Michael’s new Lancaster sentence (he received credit enabling immediate parole on that sentence), so it cannot also be applied to the original sentence | Court: affirmed Board — time was applied to the new sentence and cannot be double-counted toward the original; Jan 25, 2017 max date upheld |
Key Cases Cited
- Gaito v. Pennsylvania Board of Probation and Parole, 412 A.2d 568 (Pa. 1980) (pre-sentence confinement applied to new sentence cannot be double-counted toward original sentence)
- Commonwealth v. Dorian, 468 A.2d 1091 (Pa. 1983) (new sentence for new conviction cannot run concurrently with time remaining on a CPV’s original sentence)
- Serrano v. Pa. Bd. of Prob. and Parole, 672 A.2d 425 (Pa. Cmwlth. 1996) (statutory scheme governs order in which sentences/backtime are served for parolees with new convictions)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (requirements for counsel seeking to withdraw via no-merit/Turner letter)