HomeMy WebLinkAboutCP-21-CR-0171-1999
COMMONWEALTH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
DANIEL BLAINE KUHN
CP-2l-CR-17l-l999
ORDER OF COURT
AND NOW, this 30th day of January, 2006, upon consideration of Defendant's
Petition for Time Credit, and for the reasons stated in the accompanying opinion, the
petition is denied.
BY THE COURT,
1. Wesley Oler, Jr., 1.
Office of the District Attorney
Daniel Blaine Kuhn
27 N. Cameron Street
Harrisburg, P A 17101
Defendant, pro Se
COMMONWEALTH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
DANIEL BLAINE KUHN
CP-2l-CR-17l-l999
DEFENDANT'S PETITION FOR TIME CREDIT
OLER, 1., January 30,2006.
In this criminal case, Defendant has filed a Petition for Time Credit, 1 the latest in a
series of motions, petitions and appeals2 which he has filed since his sentence in 1999 by
the Honorable George E. Hoffer following a plea of guilty to burglary. 3 In this petition,
Defendant seeks to amend Judge Hoffer's sentencing order to afford him credit for time
spent in prison on this charge prior to his sentence.
A review of the extensive record in this case reveals that Defendant previously
litigated the legality of his sentence,4 previously litigated a credit issue,5 and was serving
a parole revocation during the time that he seeks credit on this charge for. 6 Although
credit may be afforded on a sentence for a period during which the Defendant was also
1 Defendant's Petition for Time Credit, filed December 16,2005.
2 Post-Sentence Motion, filed July 2, 1999; Post-Conviction Collateral Relief Act Motion, filed May 15,
2000; Petition for Leave To Appeal Nunc pro Tunc, filed August 30, 2002; Notice of Appeal to the
Superior Court, filed October 7,2002; Motion To Modify Order, filed October 14,2004; Petition for Writ
of Habeas Corpus ad Subjeciendum, filed March 4,2005; Motion and Request for Reconsideration of the
Court Order Dated March 8, 2005, filed March 17,2005; Request To Proceed in Forma Pauperis for
Appeal, filed April 13, 2005; Notice of Appeal, filed April 13, 2005.
3 Order of Court, June 22, 1999.
4 Post-Conviction Collateral Relief Act Motion, filed May 15,2000; Petition for Leave To Appeal Nunc
pro Tunc, filed August 30,2002; Notice of Appeal to the Superior Court, filed October 7,2002.
5 Petition for Writ of Habeas Corpus ad Subjeciendum, filed March 4,2005; Motion and Request for
Reconsideration of the Court Order Dated March 8, 2005, filed March 17,2005; Notice of Appeal, filed
April 13, 2005. See Commonwealth v. Daniel Blaine Kuhn, No. 2l-CR-17l-l999 Criminal Court, slip
opinion (Cumberland County, May 25,2005), ajJ'd, No. 7l5-MDA-2005, (Pa. Super. Ct., May 25,2005).
6 See PCRA Hearing, August 9,2000, Commw. Exhibit 1, Pre-Sentence Investigation Report.
serving a parole revocation,7 there is no right to such double creditS and the period in
which the discretionary aspects of Defendant's sentence may be challenged has long
. d 9
sInce passe .
Under these circumstances, Defendant is not entitled to the relief requested and his
petition must be denied.
ORDER OF COURT
AND NOW, this 30th day of January, 2006, upon consideration of Defendant's
Petition for Time Credit, and for the reasons stated in the accompanying opinion, the
petition is denied.
BY THE COURT,
s/ 1. Wesley Oler, Jr.
1. Wesley Oler, Jr., 1.
Office of the District Attorney
Daniel Blaine Kuhn
27 N. Cameron Street
Harrisburg, P A 17101
Defendant, pro Se
Court Administrator
7 Martin v. Pa. Bd. ofProb. & Parole, 576 Pa. 588, 596-97, 840 A.2d 299,303-304 (2003).
8Id. at 602-603, 840 A.2d at 307 (citations omitted); Act of December 21, 1998, P.L. 1077, No. 143, ~ 4,
as amended, 61 P.S. ~ 331.2la; Act of December 30, 1974, P.L. 1052, No. 345, ~ 1, as amended, 42 Pa.
C.S. ~ 9760; Commw. v. Schartner, 227 Pa. Super. 401, 402, 323 A.2d 237,238 (1974).
9 Pa. R Crim. P. 720; Commw. v. Bischof, 420 Pa. Super. 115, 122,616 A.2d 6, 10 (1992); Commw. v.
Reeves, 2001 PA Super. 170, ~3-5, 778 A.2d 691,692-693 (2001).
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