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COMMONWEALTH v. TERRY (06/21/74)

decided: June 21, 1974.

COMMONWEALTH
v.
TERRY, APPELLANT



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1971, No. 975, May T., 1971, Nos. 1476 to 1479, inclusive, and Jan. T., 1972, No. 546, in case of Commonwealth of Pennsylvania v. Raymond E. Terry.

COUNSEL

Raymond E. Terry, appellant, in propria persona.

David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J.

Author: Price

[ 229 Pa. Super. Page 445]

The issue presented to us for resolution is whether Appellant's sentence for a crime committed while on parole was properly computed as running consecutively to the "back time" on his original sentence. We hold that the sentence was properly computed.

The facts are as follows: On May 6, 1971, Raymond Terry, Appellant, was convicted of the charge of carrying a concealed deadly weapon and later sentenced to a term of from 1 to 11 1/2 months in Philadelphia County Prison.

On June 12, 1971, Appellant was convicted of burglary and sentenced to a term of from 3 to 23 months in the same prison to run concurrently with the above sentence. Appellant was paroled on both sentences on September 26, 1971.

Appellant was arrested on December 11, 1971, and charged with burglary. He was held in lieu of bail until March 8, 1972, when detainers were lodged against him for violations of parole on both of his sentences. He was tried on the new burglary charge on April 3, 1972, and sentenced to a term of from 11 to 23 months in Philadelphia County Prison, the term to run from December 12, 1971.

On April 10, 1972, parole was formally revoked on the initial burglary sentence and appellant was ordered to serve the balance of his sentence (which was approximately 20 months). Two days later, parole was revoked on the sentence for carrying a concealed deadly weapon.

Appellant filed a PCHA petition on April 23, 1973, alleging an error in the computation of his sentence and demanding relief by recomputation. His petition was denied on October 2, 1973, and Appellant filed this appeal.

The substance of Appellant's argument is that the "back time" to be served on ...


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