HomeMy WebLinkAbout00-2068 CRIMINALCOMMONWEALTH
DAVID GERALD BENNETT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-2068 CRIMINAL TERM
IN RE: PETITION FOR CREDIT ON SENTENCE
OPINION AND ORDER OF COURT
Bayley, J., November 28, 2001 :--
Defendant, David Gerald Bennett, filed a petition seeking credit on sentences
imposed in this case at 00-2068 Criminal Term. The Judicial Code, at 42 Pa.C.S.
Section 9760, allows credit on sentences in certain circumstances. We have inherent
power to correct a sentence if credit lawfully due was not given. See Commonwealth
v. Miller, 655 A.2d 1000 (Pa. Super. 1995).
Defendant was sentenced on June 26, 2001. He received a 90-day sentence for
violating Section 1543(b) of the Vehicle Code. The sentence was made effective on June 26,
2001. Defendant was also sentenced to not less than one year or more than two years for
driving under the influence, consecutive to the first sentence. Defendant maintains that he is
entitled to credit on the within sentences for the time he was in the Cumberland County Prison
from January 9, 2001, through April 9, 2001.
Defendant was arrested on a bench warrant on January 9, 2001, on another
charge at 00-2037 Criminal Term. On January 10, 2001, a detainer was lodged at the
prison for the within charges at 00-2068 Criminal Term. Defendant was in the
00-2068 CRIMINAL TERM
Cumberland County Prison from January 9, 2001, until April 9, 2001. He was
sentenced by another judge to 90 days on January 12, 2001, at 00-2037 Criminal
Term. The ninety days were completed on April 9, 2001, as defendant received credit
from January 9, 2001. Defendant posted bail in the within case on January 9, 2001,
and was released.1
The Judicial Code at 42 Pa.C.S. Section 9760(1), provides:
Credit against the maximum term and any minimum term shall be given
to the defendant for all time spent in custody as a result of the criminal
charge for which a prison sentence is imposed or as a result of the conduct
on which such a charge is based. Credit shall include credit for time spent in
custody prior to trial, during trial, pending sentence, and pending the resolution
of an appeal. (Emphasis added.)
In Commonwealth ex rel. Bleecher v. Rundle, 207 Pa. Super. 443 (1966), the
Superior Court of Pennsylvania, interpreting a similar provision in 19 P.S. Section 898, before
it was codified at 42 Pa.C.S. § 9760(1), stated:
The above statutes give credit to any days spend in custody prior to the
imposition of sentence, but only if such commitment is on the offense for
which sentence is imposed. Credit is not given, however, for a
commitment by reason of a separate and distinct offense. (Emphasis
added.)
A defendant is not entitled to credit for time previously served on another unrelated
offense. Wassell v. Commonwealth, 658 A.2d 466 (Pa. Commw. 1995). See also,
Commonwealth v. Salaam, 40 Cumberland L.J. 88 (1989). Because defendant has received
1 Defendant was also given credit for 36 days between January 9, 2001, and February
14, 2001, for a sentence imposed by another judge on October 2, 2001, in another
case at 01-0360 Criminal Term.
-2-
00-2068 CRIMINAL TERM
on other charges for the time he spent in the Cumberland County Prison from January 9,
2001, through April 9, 2001, he is not entitled to credit for that time in this case.
ORDER OF COURT
AND NOW, this day of November, 2001, the petition of defendant for
credit on sentences imposed on the within case, IS DENIED.
By the Court,
District Attorney's Office
David Gerald Bennett, Pro se
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Gregory Richardson, Probation Officer
Cumberland County Prison
:sss
Edgar B. Bayley, J.
-3-